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10mo ago

B.C. Property Owners File Class Action Over Cowichan Title Ruling

Plaintiffs say governments concealed known risks to land titles.

Houses and farmland along No. 6 Road and Country Meadows Golf Course, which fall within the boundaries of a Cowichan Nation Aboriginal title claim.
The lawsuit alleges the recent court decision recognizing the Cowichan Tribes' title over a swath of property in Richmond has caused economic and psychological harm. The Law Courts building, which is home to B.C. Supreme Court and the Court of Appeal, is seen in Vancouver, on Nov. 23, 2023. THE CANADIAN PRESS/Darryl Dyck
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Overview

  • A proposed class action was filed in B.C. Supreme Court against the federal and provincial governments following the ruling recognizing Cowichan Tribes’ Aboriginal title in Richmond.
  • The claim alleges officials long knew unresolved Indigenous title could jeopardize land security yet continued to assure the public that registered titles were safe and marketable.
  • The court found Aboriginal title over more than 5.7 square kilometres on Lulu Island and declared Crown and City of Richmond titles defective and invalid, ruling government grants of private titles unjustifiably infringed that title.
  • Ottawa, British Columbia, and the City of Richmond have appealed the decision, and provincial officials say they are engaging with Cowichan Tribes and contacting landowners.
  • Homeowners report uncertainty and financing setbacks on properties within the affected area, while Cowichan Tribes say they do not intend to take private owners’ property.