Eby says B.C. tried to involve private owners in Cowichan Aboriginal title case

A decision granting Aboriginal title to land in Richmond, B.C., is creating uncertainty for property owners and prompting outcry from politicians.

British Columbia Premier David Eby says the province previously tried unsuccessfully to get private property owners involved in the landmark Cowichan Tribes Aboriginal title case, as the City of Richmond prepares to host a meeting for owners potentially affected by the ruling.

The city has sent letters to owners in the area where the Supreme Court of British Columbia ruled the Cowichan Tribes hold Aboriginal title, with Mayor Malcolm Brodie saying over the weekend that hundreds of people’s properties may be affected by the case in which they had no prior involvement.

Eby says the province tried to have property owners served in the case, but was rejected by the court, and it’s “totally reasonable” that owners are now anxious about the case’s implications.

The Aug. 7 ruling says the tribes have Aboriginal title over a portion of land on the Fraser River, that Crown and city titles on the land are defective and invalid, and the granting of private titles by the government unjustifiably infringes on Cowichan title.

Eby says it’s unfortunate some homeowners only found out about the potential impact of the case on their properties as a result of the city’s letter, since the court decided not to provide them with such notice.

He says that while the government is appealing against the decision, it won’t be seeking to take the case directly to the Supreme Court of Canada, saying such a referral risks an “academic decision” disconnected from what he calls “realities on the ground.”

The city’s letters to more than 150 property owners warn residents that the “the Court has declared aboriginal title to your property which may compromise the status and validity of your ownership.”

A meeting on the issue is scheduled for Oct. 28.

Eby’s remarks on Monday came after B.C. Conservative Leader John Rustad called for the direct referral of the case to the Supreme Court of Canada.

Rustad said he had written to both Eby and the federal attorney general seeking such a referral.

While the Cowichan Tribes did not seek to have the titles of privately held properties declared invalid, the B.C. Supreme Court court said the granting of private property ownership rights unjustifiably infringed on Aboriginal title and needed to be resolved through negotiation, litigation or purchase.

Later Monday, the First Nations Leadership Council issued a statement saying its members were “disturbed” by Brodie’s communication to property owners in Richmond.

“Aboriginal title and fee simple private ownership can and do coexist,” said the statement from the council comprising the executives of the B.C. Assembly of First Nations, First Nations Summit and Union of B.C. Indian Chiefs.

“Reconciliation through recognition of this legal and political fact is not a threat to the stability and prosperity of British Columbia; it is the foundation on which it is built.”

The statement also said the leadership council was “disturbed and angered” by Rustad’s letter to Eby on Sunday in which he called on the government to “immediately pause all negotiations” with First Nations until Canada’s highest court had weighed in on the matter.

Terry Teegee, regional chief of the B.C. Assembly of First Nations, said Rustad was advocating for an approach that would “only exacerbate” the issues of legal and social stability over which he has expressed concern.

This report by Nono Shen, The Canadian Press, was first published Oct. 20, 2025.