Latest news with #AboriginalTitle
Yahoo
a day ago
- Politics
- Yahoo
'One battle after another' for farmland in Cowichan title ruling: ex-councillor
Former Richmond, B.C., city councillor Harold Steves' family has been farming in the area since 1877, lending their name to the community of Steveston. The 88-year-old former politician only retired from council three years ago, and few can match his knowledge of the controversies surrounding Richmond's farmland — the creation of the province's agricultural land reserve, influxes of foreign-money investors, a spate of mega-mansion construction and now the Cowichan Nation's Aboriginal title claim. "It's just one battle after another for 50 years," laughed Steves, who still runs the family farm in Steveston, raising belted Galloway beef cattle. He said he was surprised by the ruling last week that confirmed the Cowichan claim over a swath of land on the shores of the Fraser River, encompassing holdings by the Crown, the City of Richmond, as well privately owned farms and mansions. "We didn't expect the court case to come in and say, 'This land is yours.' We expected treaty negotiations," said Steves. The ruling in the B.C. Supreme Court confirms Aboriginal title and fishing rights are held by the Cowichan tribes over the land next to the south arm of the Fraser, where the nation had a summer village and members fished for salmon. The ruling declares the Crown and city titles to be "defective and invalid," and while the same designation was not sought by the Cowichan for private titles, the ruling says that granting them had been an unjustifiable infringement on the Cowichan's Aboriginal title. B.C.'s government had a duty to negotiate the reconciliation of private ownership with the Cowichan's Aboriginal title, the ruling says. The result has prompted concerns from the B.C. government and others about the implications for private property rights, with the province pledging to appeal. But Steves is worried about the implications for precious agricultural land. He said he agreed that the ruling should be appealed, but the province should "sit down with Cowichan and say: 'OK, we agree this is your territory. Let's negotiate a treaty.'" Steves said that if farmland hadn't been included in the title claim, "then yes, it should be between the federal government and the Cowichan First Nation." "But this court decision should not include farmland at all because it puts into jeopardy all the farmland in British Columbia." Steves' grandfather started farming on Lulu Island, which now makes up the city of Richmond, in 1877 and founded the province's first seed company. Steves, who served one term as a provincial legislator for the NDP as well as more than 50 years as a Richmond councillor, was one of the founders of the province's agricultural land reserve, a zoning designation introduced in 1973 that protects farmland from redevelopment. He has spent years advocating for its preservation and maintaining its integrity from incursions that have included the construction of massive mansions, some more than 20,000 square feet, on land for farming purposes. Steves said the Cowichan ruling brought back memories from 20 years ago when he was part of the Tsawwassen First Nation treaty negotiations. "And on the table, we were negotiating farmland, and we actually predicted back then what's happening right now. It's scary to think about it, but that was our worry," said Steves. He said that under those treaty negotiations, the federal government purchased hundreds of hectares of agricultural land to form part of the Tsawwassen lands. He said that at the time, there were concerns that this would "set a precedent, because now land speculators will be buying land next to Indian reserves, or places where they think that they'll get land out of the agricultural land reserve." "And lo and behold, along comes this (Cowichan) development," Steves said. A lot of the private land in the Cowichan claim area was owned by "speculators," he said, who were also hoping to be bought out. Steves said that without treaty negotiations with First Nations, farmland could be at risk. "I hope we will weather this one (battle), and we'll get down to negotiating proper treaties," said Steves. This report by The Canadian Press was first published Aug. 14, 2025. Nono Shen, The Canadian Press Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
CBC
a day ago
- Politics
- CBC
'Pure joy' over Cowichan title ruling, First Nation chief says
Lyackson First Nation Chief Shana Thomas's nation is part of the Cowichan Tribes, which recently won a landmark ruling in B.C. Supreme Court that grants it Aboriginal title in the Richmond, B.C., area. While the ruling is expected to be appealed, Thomas says the ruling validated the truth that her nation's elders had been sharing for generations, and there had been a denial of the tribes' rights to their territory.
National Post
2 days ago
- Politics
- National Post
Caroline Elliott: B.C. Supreme Court takes an axe to private property rights
Article content While two previous decisions by the Supreme Court of Canada recognized Aboriginal title in British Columbia (Tsilhqot'in in 2014 and Nuchatlaht in 2024), neither declared it over privately held lands as this one does. Article content Even as the B.C. government has promised to appeal the decision, it has been pursuing similar policies outside the courts. The province controversially overlaid Aboriginal title on private land with its problematic Haida Nation Recognition Act in 2024. The act was specifically referenced by the plaintiffs in the Cowichan case, and the judge agreed that it illustrated how Aboriginal title and fee simple can 'coexist.' Article content This is a questionable assertion given the numerous legal concerns. As one analysis explains, private property interests and the implementation of Aboriginal title are ultimately at odds: 'The rights in land which flow from both a fee simple interest and Aboriginal title interest … include exclusive rights to use, occupy and manage lands. The two interests are fundamentally irreconcilable over the same piece of land. Article content Article content While the government claims it adequately protected private property rights in the Haida agreement, Aboriginal title is protected under the Constitution, while private property rights are not. When these competing interests are inevitably brought before the courts, it's easy to imagine which one will prevail. Article content The fact that B.C. Premier David Eby said last year that he intended to use the Haida agreement as a ' template ' for other areas of B.C. stands in marked contrast with his sudden interest in an appeal as a means of preserving clear private property titles in the wake of this politically toxic ruling. Article content Indeed, Eby's government continues to negotiate similar agreements elsewhere, including with the shíshálh Nation on B.C.'s Sunshine Coast, even as government documents admit that Aboriginal title includes the right to 'exclusively use and occupy the land.' Article content Eby's commitment to an appeal suggests he may have learned from his costly refusal to appeal a 2021 B.C. Supreme Court decision, which found that excessive development had breached the treaty rights of the Blueberry River First Nation. Eby's government chose to pay out a $350-million settlement to avoid further litigation, a move that ultimately backfired when the two parties ended up back in court. Article content But for now, the consequences of the Cowichan decision have created considerable uncertainty for property owners, businesses and general market confidence. The judge's own words sum it up: 'The question of what remains of Aboriginal title after the granting of fee simple title to the same lands should be reversed. The proper question is: what remains of fee simple title after Aboriginal title is recognized in the same lands?' Article content If there's one positive aspect to this decision, it's that it is so extreme, it will force the Eby government's radical Indigenous policies onto the public agenda as awareness builds over what's at stake. Article content From its incessant land acknowledgements, to MLAs referring to non-Indigenous British Columbians as ' uninvited guests,' to its embrace of the United Nations Declaration on the Rights of Indigenous Peoples and its land back policies, to undemocratic land use planning processes and the overlaying of Aboriginal title on private lands, B.C. government policy has long been headed in exactly this direction. Article content Now, a reckoning is coming, and it's of the government's own creation. The broader issue will soon overtake all others in the public eye, and the premier must decide now whether he'll start walking things back, or double down on his disastrous course. Article content
CBC
2 days ago
- Politics
- CBC
Cowichan title lands encompass multimillion-dollar mansions in Richmond, B.C.
Social Sharing The stretch of semi-rural land on No. 6 Road in Richmond, B.C., is home to blueberry farms, multimillion-dollar mansions and an 18-hole golf course. Those Metro Vancouver properties are all now encompassed by a landmark Aboriginal title claim that was successfully established by the Cowichan Nation last week. The ruling in B.C. Supreme Court confirmed Cowichan Aboriginal title and fishing rights over the stretch of land on Lulu Island next to the south arm of the Fraser River, where the nation historically had a summer village and members fished for salmon. Now it is occupied by Crown and City of Richmond holdings — as well as private properties that include a 10,600- square-foot home with 11 bathrooms and an official valuation of $7.78 million, other multimillion-dollar homes and the Country Meadows Golf Course. WATCH | UVic prof says Supreme Court needs to weigh in on case: Supreme Court needs to determine relationship between Aboriginal title and private owners: UVic prof 19 hours ago The ruling by Justice Barbara Young says the Cowichan did not seek a declaration that private titles in the area were "defective and invalid," unlike those for the land owned by the Crown and city that makes up much of the claim. But the judge ruled the province has a duty to negotiate with the nation when it comes to the private land, whose titles were granted in what she called an unjustifiable infringement of the Cowichan's Aboriginal title. Lawyer David Robbins, who represented the Cowichan in the trial that lasted more than 500 days, said Tuesday that the nation did not bring its case against private titleholders "and did not seek to invalidate their interests in this case." "It is the Crown in right of British Columbia that has the legal relationship with the holders of private fee simple interests. The Cowichan Nation has no direct relationship with those titleholders," he said. The Ministry of Attorney General said in a statement that it was "committed to protecting and upholding private property rights while advancing the critical work of reconciliation." The ministry said the number of private properties encompassed by the claim area was being assessed. Map includes mansions But a map of the Cowichan title lands that was part of the court ruling, combined with publicly available land documents, identify the mansions and other properties along Richmond's No. 6 Road, south of Blundell Road. Harry Hogler co-owns the Country Meadows Golf Course and lives across the road in a 8,900-square-foot home, featuring a fountain and a classic car in the circular driveway. Hogler declined to be interviewed but said he was aware of the ruling and was "not worried." However, B.C. Attorney General Niki Sharma said on Monday that the case could have "significant unintended consequences" for private property rights in the province, and the government would appeal the ruling. That's no surprise to Robin Junger, a lawyer with McMillan LLP focused on Indigenous and environmental law. He said if the decision stands it will have "massive implications" and "could undermine the whole system of land ownership in British Columbia." "Although the court was only asked to give a 'declaration' in relation to lands held by the City of Richmond and the Government of Canada, the reasoning of the court isn't limited to those lands," he said. Junger said he believes the decision would likely be overturned on appeal and go all the way to the Supreme Court of Canada. He said if he were a property owner he would not panic. Junger said a judge only goes by what parties argue in a case, adding he believes there are "reasonable grounds to pursue" an appeal on the key question of whether B.C. extinguished Aboriginal title when it issued private fee simple land titles, and whether it had the authority to do so. "If you look very closely at the decision, you'll see that the B.C. government, and in fact the Government of Canada, did not argue that these rights were extinguished. They declined to make that argument. Only the City of Richmond made that argument," he said. "So, I think there's a lot of fertile ground to follow on an appeal, and we'll see where it lands." WATCH | B.C. government to appeal ruling: Province to appeal B.C. Supreme Court ruling in favour of Cowichan Nation's fishing and land rights 2 days ago The province has announced plans to appeal last week's B.C. Supreme Court decision that found in favour of the Cowichan Nation's bid to win back fishing rights and title for a portion of its historic lands in Richmond, B.C. Claire Palmer has more. Some other residents of No. 6 Road whose homes are within the Cowichan title lands said they were aware of the ruling, while others were not. One resident arriving at a home valued at more than $4.1 million said Tuesday that he would "fight" the ruling. He declined to be identified or to give a longer interview. Nearby, an elderly woman was selling blueberries outside a large stone home. She said in Mandarin that her son owned the home but she did not think he was aware of the ruling. At one of the most expensive homes in the neighbourhood, according to B.C. Assessment, a woman who was driving out of the property said it was owned by a friend who was in China. She said she was unaware of the court ruling.
CTV News
3 days ago
- Politics
- CTV News
Cowichan title lands encompass multimillion-dollar mansions in Richmond, B.C.
A property on No. 6 Road in Richmond, B.C., that appears to fall within the boundaries of an Aboriginal title claim, successfully established by the Cowichan Nation, is seen on Tuesday, Aug. 12, 2025. THE CANADIAN PRESS/Nono Shen A landmark Aboriginal title claim successfully established by Cowichan Nation last week appears to encompass land occupied by a stretch of multimillion-dollar homes and an 18-hole golf course in Richmond, B.C. A map of the Cowichan title lands that was part of the B.C. Supreme Court ruling, combined with publicly available land documents, identify the mansions and other properties along Richmond's No. 6 Road, south of Blundell Road. They include a 10,600 square-foot home with 11 bathrooms and an official valuation of $7.78 million, as well as other multimillion-dollar residences and the Country Meadows Golf Course. The ruling says the Cowichan did not seek a declaration that private titles in the area were 'defective and invalid,' unlike government-owned land that makes up much of the claim. But Justice Barbara Young ruled the province has a duty to negotiate with the nation when it comes to the private land, whose titles were granted in an unjustifiable infringement of the Cowichan's Aboriginal title. The B.C. government says it will appeal the ruling, which Attorney General Niki Sharma said Monday could have 'significant unintended consequences' over private property rights in the province. This report by Ashley Joannou and Nono Shen, The Canadian Press, was first published Aug. 13, 2025.
