Latest news with #CowichanNation
National Observer
9 hours ago
- Politics
- National Observer
BC will appeal landmark Aboriginal title ruling over land in Metro Vancouver
On Monday, members of the Cowichan Nation praised elders and those who have gone before them as they celebrated victory in a years-long legal fight to reclaim land on the Fraser River used by their ancestors as a summer home in what is now the Metro Vancouver municipality of Richmond, BC. The trial had lasted 513 days, resulting in a ruling last week that is almost 280,000 words long. Justice Barbara Young ruled that the Crown's grants of private property ownership rights over the lands "unjustifiably infringe" on Cowichan Aboriginal title, and need to be negotiated, while titles and interests in the lands held by Canada and Richmond were "defective and invalid." But it soon became clear the conflict is not over, when BC's Attorney General Niki Sharma promised to appeal the landmark decision that she said could have "significant unintended consequences" over private property rights in the province. 'We disagree strongly with the decision. British Columbia will be filing an appeal and seeking a stay to pause implementation until the appeal is resolved," she said Monday, hours after a Cowichan news conference. Sharma said the government preferred resolving land claim issues through reconciliation rather than risking "considerable uncertainty" through the courts. "Our government is committed to protecting and upholding private property rights while advancing the very important and critical work of reconciliation here in this province," Sharma said. The nation had not sought to have the titles of privately held properties declared "defective and invalid." However, the ruling said BC owes a duty to the Cowichan "to negotiate in good faith reconciliation of the Crown-granted fee simple interests held by third parties." The land at the heart of the case is on the south shore of Lulu Island in Richmond, which the Cowichan ancestors used as a summer home and fishing village. While the nation's people had winter villages on Vancouver Island and other islands, the ruling says that every summer they would travel "en masse" to a "permanent post and beam village" on the Fraser River territory where they fished for salmon. Cowichan Tribes Chief Cindy Daniels had told the news conference on Monday that Friday's decision goes toward the nation's goals to recover and restore the village and surrounding lands, re-establish a permanent residence and river access and re-establish cultural practices. Daniels said the nation initially tried to get an agreement through the treaty process but there was "no openness" to discuss the land, and so they went to court. "As stated in our 2016 declaration of reconciliation, our land and resources objectives are to recover and restore our village and surrounding lands, re-establish our permanent residence and river access, re-establish our cultural practices including those that support food security and sustainability, realize economic development and re-establish the truth of our history in that region," she said. The Cowichan's lawyer, David Robbins, told reporters it was up to the provincial government to reconcile private property rights with the ruling. "They have always understood that fundamentally, this case is about resetting their relationship with the Crown," he said of his clients. "And so, with respect to the private fee simple that is still encumbering the Cowichan Aboriginal title, they sought a declaration that British Columbia has a duty, to reconcile that fee simple with the Cowichan Nation Aboriginal title through negotiations." When asked whether the Nation was seeking financial compensation for the land, Robbins said the "case has always been about land recovery." Stz'uminus First Nation chief John Elliot, whose nation was among the plaintiffs, got emotional when speaking about the impact of the decision and the fishing rights the nation was granted. "Knowing that the history was always there, and we knew it as a people, that someday we'll be back on a river, doing what our ancestors did, fished, gathered, and had the opportunity to flourish on the south arm of the Fraser River," he said. "And knowing that the next generations of our communities will have the opportunity to do what our ancestors did." Steve Kooner, the BC Conservative critic for the attorney general and MLA for Richmond-Queensborough, said he had spoken to constituents over the weekend who are worried about their properties. "This ruling directly affects homeowners, businesses, municipalities and farmers," he told a news conference Monday. "People are worried about their property rights being affected, worried about mortgage renewals, worried about the value of their properties potentially being reduced into the future." The Cowichan's case was opposed by the Musqueam and Tsawwassen First Nations, along with the federal and provincial governments, the City of Richmond and the Vancouver-Fraser Port Authority. On Friday the Musqueam Indian Band — which declared in 1976 that it holds the Aboriginal title covering both the north and south arms of the Fraser River — criticized the court's decision, saying it was considering its options for a possible appeal. On Monday Robbins said the plaintiffs in the case have not sought to divide or engage in conflict with any other First Nation. "Their sincere hope is that the Musqueam and indeed all the defendants, can reconcile themselves to the truth with respect to the Cowichan on the south arm of the Fraser River, as soon as possible," he said.
Vancouver Sun
19 hours ago
- Politics
- Vancouver Sun
B.C. to appeal landmark First Nations land title ruling, citing possible ‘significant unintended consequences'
VANCOUVER — On Monday, members of the Cowichan Nation praised elders and those who have gone before them as they celebrated victory in a years-long legal fight to reclaim land on the Fraser River used by their ancestors as a summer home in what is now the Metro Vancouver municipality of Richmond, B.C. The trial had lasted 513 days, resulting in a ruling last week that is almost 280,000 words long. Justice Barbara Young ruled that the Crown's grants of private property ownership rights over the lands 'unjustifiably infringe' on Cowichan Aboriginal title, and need to be negotiated, while titles and interests in the lands held by Canada and Richmond were 'defective and invalid.' Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. But it soon became clear the conflict is not over, when B.C.'s Attorney General Niki Sharma promised to appeal the landmark decision that she said could have 'significant unintended consequences' over private property rights in the province. 'We disagree strongly with the decision. British Columbia will be filing an appeal and seeking a stay to pause implementation until the appeal is resolved,' she said Monday, hours after a Cowichan news conference. Sharma said the government preferred resolving land claim issues through reconciliation rather than risking 'considerable uncertainty' through the courts. 'Our government is committed to protecting and upholding private property rights while advancing the very important and critical work of reconciliation here in this province,' Sharma said. The nation had not sought to have the titles of privately held properties declared 'defective and invalid.' However, the ruling said B.C. owes a duty to the Cowichan 'to negotiate in good faith reconciliation of the Crown-granted fee simple interests held by third parties.' The land at the heart of the case is on the south shore of Lulu Island in Richmond, which the Cowichan ancestors used as a summer home and fishing village. While the nation's people had winter villages on Vancouver Island and other islands, the ruling says that every summer they would travel 'en masse' to a 'permanent post and beam village' on the Fraser River territory where they fished for salmon. Cowichan Tribes Chief Cindy Daniels had told the news conference on Monday that Friday's decision goes toward the nation's goals to recover and restore the village and surrounding lands, re-establish a permanent residence and river access and re-establish cultural practices. Daniels said the nation initially tried to get an agreement through the treaty process but there was 'no openness' to discuss the land, and so they went to court. 'As stated in our 2016 declaration of reconciliation, our land and resources objectives are to recover and restore our village and surrounding lands, re-establish our permanent residence and river access, re-establish our cultural practices including those that support food security and sustainability, realize economic development and re-establish the truth of our history in that region,' she said. The Cowichan's lawyer, David Robbins, told reporters it was up to the provincial government to reconcile private property rights with the ruling. 'They have always understood that fundamentally, this case is about resetting their relationship with the Crown,' he said of his clients. 'And so, with respect to the private fee simple that is still encumbering the Cowichan Aboriginal title, they sought a declaration that British Columbia has a duty, to reconcile that fee simple with the Cowichan Nation Aboriginal title through negotiations.' When asked whether the Nation was seeking financial compensation for the land, Robbins said the 'case has always been about land recovery.' Stz'uminus First Nation chief John Elliot, whose nation was among the plaintiffs, got emotional when speaking about the impact of the decision and the fishing rights the nation was granted. 'Knowing that the history was always there, and we knew it as a people, that someday we'll be back on a river, doing what our ancestors did, fished, gathered, and had the opportunity to flourish on the south arm of the Fraser River,' he said. 'And knowing that the next generations of our communities will have the opportunity to do what our ancestors did.' Steve Kooner, the BC Conservative critic for the attorney general and MLA for Richmond-Queensborough, said he had spoken to constituents over the weekend who are worried about their properties. 'This ruling directly affects homeowners, businesses, municipalities and farmers,' he told a news conference Monday. 'People are worried about their property rights being affected, worried about mortgage renewals, worried about the value of their properties potentially being reduced into the future.' The Cowichan's case was opposed by the Musqueam and Tsawwassen First Nations, along with the federal and provincial governments, the City of Richmond and the Vancouver-Fraser Port Authority. On Friday the Musqueam Indian Band — which declared in 1976 that it holds the Aboriginal title covering both the north and south arms of the Fraser River — criticized the court's decision, saying it was considering its options for a possible appeal. On Monday Robbins said the plaintiffs in the case have not sought to divide or engage in conflict with any other First Nation. 'Their sincere hope is that the Musqueam and indeed all the defendants, can reconcile themselves to the truth with respect to the Cowichan on the south arm of the Fraser River, as soon as possible,' he said. Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
National Post
19 hours ago
- Politics
- National Post
B.C. to appeal landmark Aboriginal title ruling over land in Metro Vancouver
VANCOUVER — On Monday, members of the Cowichan Nation praised elders and those who have gone before them as they celebrated victory in a years-long legal fight to reclaim land on the Fraser River used by their ancestors as a summer home in what is now the Metro Vancouver municipality of Richmond, B.C. Article content The trial had lasted 513 days, resulting in a ruling last week that is almost 280,000 words long. Article content Article content Article content Justice Barbara Young ruled that the Crown's grants of private property ownership rights over the lands 'unjustifiably infringe' on Cowichan Aboriginal title, and need to be negotiated, while titles and interests in the lands held by Canada and Richmond were 'defective and invalid.' Article content Article content But it soon became clear the conflict is not over, when B.C.'s Attorney General Niki Sharma promised to appeal the landmark decision that she said could have 'significant unintended consequences' over private property rights in the province. Article content Sharma said the government preferred resolving land claim issues through reconciliation rather than risking 'considerable uncertainty' through the courts. Article content 'Our government is committed to protecting and upholding private property rights while advancing the very important and critical work of reconciliation here in this province,' Sharma said. Article content Article content The nation had not sought to have the titles of privately held properties declared 'defective and invalid.' Article content Article content However, the ruling said B.C. owes a duty to the Cowichan 'to negotiate in good faith reconciliation of the Crown-granted fee simple interests held by third parties.' Article content The land at the heart of the case is on the south shore of Lulu Island in Richmond, which the Cowichan ancestors used as a summer home and fishing village. Article content While the nation's people had winter villages on Vancouver Island and other islands, the ruling says that every summer they would travel 'en masse' to a 'permanent post and beam village' on the Fraser River territory where they fished for salmon. Article content Cowichan Tribes Chief Cindy Daniels had told the news conference on Monday that Friday's decision goes toward the nation's goals to recover and restore the village and surrounding lands, re-establish a permanent residence and river access and re-establish cultural practices. Article content Daniels said the nation initially tried to get an agreement through the treaty process but there was 'no openness' to discuss the land, and so they went to court.
CBC
20 hours ago
- Politics
- CBC
Province to appeal B.C. Supreme Court ruling in favour of Cowichan Nation's fishing and land rights
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.
Vancouver Sun
a day ago
- Politics
- Vancouver Sun
How could Cowichan nations' title over parts of Richmond affect property rights?
The province announced Monday it is appealing the B.C. Supreme Court ruling that granted the Cowichan Nation title to large swaths of southeast Richmond and fishing rights in the Fraser River. 'We feel that this decision has significant legal issues, and we believe that those legal issues must be reconsidered on appeal,' Attorney General Niki Sharma said. 'This case is an example of why the province prefers to resolve land claims through negotiation — where we can protect property rights directly — rather than risk considerable uncertainty through court decisions.' Justice Barbara Young made the ruling following the longest trial in Canadian history, with 513 trial days over almost four years. At issue was 7½ square kilometres of southeastern Lulu Island and another two-thirds of a square kilometre along the Fraser River shoreline where the ancient Cowichan village of Tl'uqtinus was situated. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. The land is owned by the federal government, the province, the City of Richmond, the Vancouver Fraser Port Authority, and various private companies and individuals. In her 863 page decision, Young ruled the federal and city governments' title in the area is invalid and that four of the five nations that make up the Cowichan — the Cowichan Tribes, Stz'uminus First Nation, Penelakut Tribe and Halalt First Nation — have the title to the land. 'It is because of our knowledge sharing protocols, the passing down of oral history and the teachings of our elders received, starting as young children, that we have been able to do this work to make our territory whole again,' Chief Cindy Daniels of Cowichan Tribes told a news conference in Duncan on Monday. Privately owned lands and the Vancouver airport fuel delivery project lands are not covered by the ruling, although Young wants the province and YVR to negotiate 'in good faith' with the Cowichan to reconcile its historical interests in those lands. The decision on the invalidation of land titles held by the federal government, the port and City of Richmond has been stayed for 18 months to allow time for title to be transferred. Here are four things to know: The Cowichan Nation says the granting of title will allow them to recover land that held the Tl'uqtinus village and engage in traditional practices such as ceremonies and fishing along that area of the Fraser River. 'Our land and resources objectives are to recover and restore our village and surrounding lands, re-establish our permanent residence and river access, re-establish our cultural practices, including those that support food security and sustainability, realize economic development and re-establish the truth of our history in that region,' said Daniels. 'These declarations are powerful reminders to colonial governments about the importance of reconciliation and addressing historical injustices. While not quick, the courts remain an option for First Nations when we are not heard and our rights are ignored.' The nation's lawyer, David Robbins, said the goal of the trial was not compensation but rather the reclaiming of Cowichan's traditional lands and Young's decision means any use of the land would have to take place with Cowichan's permission. The area includes a number of warehouses and port facilities on lands owned by the Vancouver Fraser Port Authority, including the Lulu Island Terminal and Westport Portside Terminals. It also home to an Amazon fulfilment centre and distribution services for Ikea. In court filings, Richmond had expressed concern that it could lose control of municipal infrastructure worth $100 billion, including dikes and other flood control mechanisms such as catchments and pump stations. It said it had been making plans to spend $46 million to improve the dike in the claim area. Young found that the Cowichan had used the Tl'uqtinus lands for fishing and hunting before their first contact with Europeans in the 1790s and lived there full time during the summer before heading back to Vancouver Island for the winter. They continued to maintain their village until the government started parcelling it up in 1871, despite Governor James Douglas having set it aside in 1859 to be turned into reserve land. It never became a reserve and by 1914 the land had all been sold to settlers without the Cowichan's knowledge or permission, which Young said infringed on the nation's Aboriginal rights. The Musqueam Indian Band and the Tsawwassen First Nation opposed the claims made by the Cowichan, arguing they infringe on their own titles and fishing rights, with Musqueam Chief Wayne Sparrow indicating he plans to appeal Young's decision. In a statement, Sparrow said the five nations making up the Cowichan had gone against 'Coast Salish protocols' and challenged 'traditional resource-sharing practices.' 'It is especially concerning that they resorted to the colonial legal system, which was not established to respect or reflect our traditional teachings,' he said. 'We are particularly disheartened the court didn't recognize the importance of oral history and traditional governance protocols which guide intercommunity relationships since time immemorial.' The Tsawwassen First Nation has yet to respond to the decision but in court filings also argued they had camped and fished on the lands claimed by the Cowichan and that the nation should not have sole access to the lands and waters around the historical Tl'uqtinus village site. Attorney General Niki Sharma told reporters on Monday that the province plans to appeal the decision after having time to review it over the weekend. The update comes after Premier David Eby had said last week that his government would try to negotiate a solution with all parties involved but was also considering an appeal. Our government is committed to protecting and upholding private property rights, while advancing the critical work of reconciliation,' said Sharma. 'We will continue to provide updates as this process moves forward.' Richmond Mayor Malcolm Brodie told Postmedia on Monday that the city's lawyers are still going through Young's decision and that he can't say too much now, but did express concern that the 'potential implications could be enormous.' The Vancouver Fraser Port Authority, said it is still reviewing the decision and 'will provide further updates at an appropriate time in the future.'
