What’s happening with the Cowichan Tribes land-title case — and what it could mean.

As most people in our province are aware, in August, the British Columbia Supreme Court declared that the Cowichan Tribes — a large Coastal Salish nation from Vancouver Island — hold Aboriginal title over a portion of land in the Lower Mainland (near Richmond).

This ruling states that land-titles previously granted by the Crown (i.e. government) were "defective or invalid" because the Crown had not properly dealt with Indigenous rights when they were first issued. It was upheld that when the government granted private titles on this land they unjustifiably infringed on Cowichan title. In simpler terms, the ruling was stating that the land given to individuals as private property was never the crowns land to give away in the first place. So what happens now?

What does Aboriginal Title mean for the land?

By granting Cowichan Tribes Aboriginal Title over the land they have:

1. The right to use and control the land - meaning they can decide how it's used, developed, or protected.

2. The right to benefit from the land's resources - like trees, minerals, or other natural assets.

3. The right to choose who can or can't use the land - much like a private property owner deciding who can access their property.

4. The right to say "no" to projects or developments that conflict with their connection to the land.

Naturally, this has set off alarms among homeowners in the region. Although the courts have NOT said that private homeowners' titles are immediately voided or taken away and the Cowichan Tribe has stated they are not after private property, what happens next is still unclear.

So, what's happening with the Cowichan Tribes land-title case -- and what could it mean for the rest of the province?

The government is now at a place where they are saying that they need to "work out" how to reconcile the overlap of private property rights with aboriginal land title. No clear answer or solution has been given. As it sits, they are unable to assure any of these homeowners that they wont eventually lose their homes and the land they spent years working towards. Adding to the frustration is the fact that the homeowners impacted by the ruling were not even aware that it was in the courts. The majority of them learnt about the uncertainty of their home ownership at the same time as the rest of the province.

Concerns about the ruling and its impact are numerous and valid. Chief among these concerns is whether existing municipal permits, building approvals, mortgages, refinances or future property sales will be affected while the legal and administrative fallout is worked out.

The legal ripple effect — what could change province-wide?

Legal experts are already warning that the decision that was made could be precedent-setting as it questions the security of private land ownership. The courts ruling suggests that even long-established private land titles may not be immune from review if indigenous title is rewarded. With this comes concerns of whether other lands in B.C. can face similar claims. (We've already seen this happening over the Kamloops-Sun Peaks region).

Private land ownership has always come with a sense of security, but if Aboriginal title can override or complicate that, our system is broken. Our private property rights need to be protected. If doubt remains on "who really owns the land" or "what rights remain", mortgage lenders may see too high risk to continue to lend which would undoubtably impact property values, lending terms, or development opportunities.

Conclusion

As things sit right now, there are no clear answers. That being said, I firmly believe that our private property rights in British Columbia need to be protected. Put yourself in the shoes of the people in Richmond. Residents opened letters from the City informing them that Aboriginal title has been declared on their land. Imagine reading those words and wondering whether the home you worked your entire life for was still truly yours?

"Homeowners are anxious, business owners are uncertain, and families are asking one simple question: What happens to us now? That question deserves a clear answer.” - Teresa Wat (MLA Richmond-Bridgeport)

“This uncertainty threatens more than homeowners. It puts jobs, investments, and entire communities at risk. When confidence in property rights is shaken, everything else follows: from housing to industry to the economy itself. British Columbians need the Premier to act now and provide clarity that protects both property owners and the rule of law.” - Steve Kooner (MLA Richmond-Queenborough)

I stand with homeowners. There needs to be resolution that protects what people have built. This approach to reconciliation has been a step in the wrong direction. Entering into a space where aboriginal land title is pitted against private properly rights, without any clarity on how things will be handled is not progress. The current government has mismanaged this situation and needs to provide clear answers for the people of our province.

"If the Premier ignored legal warnings that private property rights could be jeopardized, it demonstrates reckless judgment and a severe breach of public trust by the Premier and his government. Transparency is the first step to restoring trust in reconciliation and public confidence, both of which this government has lost.” - MLA John Rustad