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last mo.

B.C. Appeals Landmark Cowichan Land-Title Decision and Seeks Stay

Attorney General Niki Sharma warns the decision could unsettle private property rights; the province has filed an appeal with a stay request during an 18-month suspension intended to facilitate reconciliation talks.

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Cindy Daniels, Chief of the Cowichan Tribes, speaks at a press conference on Monday morning.
B.C. Attorney General Niki Sharma responds to questions outside B.C. Supreme Court in Vancouver on Monday November 27, 2023. THE CANADIAN PRESS/Darryl Dyck

Overview

  • Justice Barbara Young’s 863-page judgment granted Cowichan Nation Aboriginal title to roughly 800 acres on Lulu Island and fishing rights on the south arm of the Fraser River.
  • The court found Crown-issued fee-simple interests held by Canada, the City of Richmond and the Vancouver Fraser Port Authority unjustifiably infringed on Aboriginal title, declaring them defective and invalid while suspending that declaration for 18 months to allow negotiations.
  • B.C. Attorney General Niki Sharma has formally announced an appeal and sought a stay of the ruling, citing risks to the province’s established property-title system.
  • Other First Nations including Musqueam and Tsawwassen, municipal authorities, federal departments and private landowners are reviewing their legal options and potential appeals.
  • Cowichan leaders say they are ready to enter good-faith talks within the suspension period to reconcile overlapping Crown grants and private property interests.