Reconciliation on hold as BC blocks Cowichan land win

National Observer

3 days ago

A BC government appeal of a court ruling recognizing aboriginal title to part of the Cowichan Nation's ancestral land in Richmond will delay reconciliation and prolong generations of harm, the nation's lead lawyer said.
'This land was where the nation lived together, where they harvested together, where they were defended together and where they were literally embedded in the earth,' said David Robbins.
Last week, Justice Barbara Young granted the Cowichan title to almost 7.5 square kilometres of their ancestral Tl'uqtinus village lands on the south shore of Lulu Island in Richmond, BC across from Tilbury Island. The largely industrial area, long described by the Nation as their traditional settlement area, includes land owned by the federal government, the City of Richmond, Vancouver Fraser Port Authority and private holdings. The ruling affirms their constitutionally protected title and right to fish for food in the south arm of the Fraser River — after more than 150 years of struggle since the land was taken from the Cowichan during the colonial era.
However, within days of the decision, BC Attorney General Niki Sharma released a statement stating the province would appeal, warning the ruling could have "significant unintended consequences for fee simple private property rights in BC."
The Cowichan connection to their homeland historically is well documented, and the court was clear that that connection continues to this day, Robbins added. Delaying acting on the decision will 'further infringe upon Cowichan Aboriginal title and their vision for reconciliation at their lands.'
The province prefers to address Indigenous land disputes through negotiated agreements that 'protect both private property rights and reconciliation goals,' rather than through the courts, the statement said.
The land titles are currently divided among federal, provincial and municipal governments, and private owners, as well as two other Indigenous groups: the Musqueam Indian Band and the Tsawwassen First Nation, who were also defendants in the case.
'We are not seeking to remove people from their homes. We expect the Prime Minister, the Premier and our Chiefs to meet and discuss how to reconcile the fact this is Cowichan land," said Shana Thomas, hereditary chief of Lyackson First Nation.
The court ruling declares legal titles claimed by Canada, the City of Richmond and Vancouver Fraser Port Authority in parts of the Tl'uqtinus lands to be defective or invalid, except for a small area used for an airport fuel delivery project.
Between 1871 and 1875, the Crown granted ownership rights to the land primarily to government officials and land speculators, Robbins said. The property was later subdivided and sold privately. The Cowichan ruling invalidates title to the public lands only. The nation did not challenge private landowners' rights, he added.
The decision compels the Province to negotiate in 'good faith' to reconcile the Nation's Aboriginal title with existing private properties — a step Cowichan leaders say British Columbia has long avoided.
Shana Thomas, hereditary chief of Lyackson First Nation, one of the group of Cowichan Tribes that stand to benefit from the court decision, was initially buoyed by the court decision. 'For generations, our people have known this truth, but it often fell on deaf ears. Now, with the court's validation, everyone is compelled to hear and respect this reality. This ruling isn't just about land; it's about our survival, culture, and identity that are inseparable from our territories.'
But her euphoria was dashed when she learned the province would appeal.
She said the way the province has framed the appeal — linking it to concerns about private property rights — is misleading to the public.'
The court decision places the duty to reconcile with the Cowichan Nation on the provincial government, not on individual property owners, she added.
'They've chosen to wave the warning bells of some kind of harm that could come to private property, which is very unfortunate,' Thomas said. 'We are not seeking to remove people from their homes. We expect the Prime Minister, the Premier and our Chiefs to meet and discuss how to reconcile the fact this is Cowichan land.'
There will be benefits from putting the case to rest, Thomas said. "This ruling is a step toward reconciliation, not a threat to it. By recognizing Aboriginal titles, we are creating certainty.'
Canada's National Observer reached out to Sharma's office for an interview, but her office said she was unavailable to comment before the deadline, citing scheduling conflicts.
The Cowichan Tribes, which have the largest population of any First Nation in British Columbia, are the main group named in the case. Together with the Halalt, Lyackson, Penelakut and Stz'uminus First Nations, they make up the Quw'utsun (Cowichan) Nation.
The case, launched by Cowichan Tribes, Stz'uminus First Nation, Penelakut Tribe and Halalt First Nation — with support from Lyackson First Nation — was one of Canada's lengthiest Indigenous land claims trials. It relied heavily on oral histories and expert testimony describing the Cowichan's deep-rooted presence at Tl'uqtinus. The village was described as a landmark for navigation and a hub for community life, fishing and defence.
With the appeal to be filed, efforts to reconcile Cowichan title with overlapping Crown and private property interests will be paused until the higher courts deliver their decision.
Musqueam Indian Band also expressed disappointment and said they view that the Cowichan dispute should have been resolved using traditional Coast Salish protocols instead of the colonial court system. However, Thomas said the Cowichan turned to the courts only after all other avenues failed to recognize their rights and title, noting that upholding their own Snuw'uy'ulth which means teachings of the Nation is always the first priority.
'We need to engage with Canada and British Columbia to finalize what that reconciliation framework looks like, and how we're going to get there,' Thomas said.