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If you own residential or commercial property in Canada, pay attention. Your ownership is now "endangered" by this new precedent-setting Indigenous land claim ruling, currently  under appeal to a higher court.  Trillions in real estate assets are at risk as this ruling created enormous uncertainty for all existing owners and future property purchasers. This will take years to wind its way through appeals courts, leaving many wondering when is "Indigenous Reconciliation" over and at what cost to Canada?  In British Columbia, 110% of the land is under competing, overlapping Indigenous land claims. 

Read the
alarming letter Richmond Mayor sent to hundreds of impacted homes and businesses telling them their ownership rights are in jeopardy and the informed legal expert opinion, Dr. Bruce Pardy (Queen's University Law) on how this impacts all property owners. "The Eby government has sought to put title and control of B.C. into Aboriginal hands," writes Dr. Pardy. For 11 years during this court battle, why did no one in government or the Cowichan Band inform impacted private property owners.

While people were enjoying the last days of summer, the Supreme Court of British Columbia dropped this highly controversial landmark decision (August 2025) in the Cowichan Tribes v. Canada (Attorney General). Aboriginal title is now seen to supersede private fee simple land ownership, leaving all private and public property rights at risk.

 

Although the provincial government is appealing the ruling, legal scholars point out that both the federal and provincial governments instructed their lawyers NOT to argue that Aboriginal title was ever extinguished at the time of Confederation or when private land title was created.  That's like going into court with one hand tied behind your back and blinders on. ​

Geoffrey S. Moyse,  a retired senior lawyer who served as legal counsel to the Province of BC, advising six successive governments on Aboriginal law over more than 30 years, says what's being done by the BC NDP to non-Indigenous Canadian property owners is both intentional and unconstitutional. 

Video features Dr. Bruce Pardy, a property and constitutional law professor at Queen's University. Bruce Hallsor, K.C. is a lawyer specializing in corporate and commercial law, real estate, tax and more.

  • This 800-page court decision -- the longest trial in Canadian history -- focused on a competing land claim around Richmond’s south arm of the Fraser River. The Aboriginal title land in question includes around $100 billion in infrastructure, impacting the City of Richmond, Crown-owned land and private property, plus ports and warehouses for Amazon, Wayfair, Canadian Tire, UPS, the Vancouver Airport Fuel Authority, and more.  The Musqueam and Tsawwassen First Nations, the federal and provincial governments, the City of Richmond, and the Vancouver Fraser Port Authority opposed the Cowichan claim during this 513-day trial that began in 2019.
     

  • The Cowichan Tribes were awarded constitutionally protected rights to those lands and waterways, with the court placing Indigenous ownership above British Columbia’s private land title agreements. Of note, private property rights have no such protection in the 1982 Constitution and were declared by this BC Judge as "defective and invalid". Some pundits argue we have enabled this conclusion following the Province of BC's enshrining into law the United Nations Declaration on the Rights of Indigenous Peoples (DRIPA), unanimously approved by all BC's provincial parties in 2019.

800 page court decision

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  • Private land owners can be evicted from their own property, wrote Geoffrey Moyse, KC (veteran Indigenous affairs lawyer).  He also noted "The BC NDP government’s “reconciliation agreements” have taken a myriad of forms – which the public has largely learned about after-the-fact, if at all – from majority ownership in resource development projects to joint or sole decision-making and title over Crown and private land."​ Recent public park closures by First Nations and the BC government are additional examples of decisions made with zero public input.
    . ​

  • Richmond Mayor Malcolm Brodie said: “The court’s decision to undermine established fee simple ownership of the properties under the B.C. Land Title Act within the identified area is unprecedented and compromises the entire land title system in British Columbia,” in Castanet News. 

  • Vancouver Sun BC legislative reporter/columnist Vaughn Palmer blasted the BC NDP for its secretive deals that lack transparency for property owners around both the Cowichan case and the recent Haida Gwaii decision that awarded the Haida Nation governance over private land, which Premier Eby promised is a "template" for future deals.
     

  • Worse, the BC Government has entrenched this, preventing it from revocation by a subsequent government, all without any public notice or approval.   A legal and constitutional expert Dwight Newman added in the Vancouver Sun “A constitutional entrenchment of a very significant agreement is done behind closed doors, with almost no transparency until a journalist managed to get a hold of a copy of the transcript.”​​

  • The Northern Beat quoted: BC Conservative leader John Rustad, a former BC Liberal minister of Aboriginal affairs and reconciliation, advising that Indigenous title and private property rights can’t co-exist overtop one another. “Losing private property rights on your home, your land… is wrong – reconciliation cannot be achieved by taking rights away from one group and giving them to another.”

 

  • “Owning private property with clear title is key to borrowing for a mortgage, economic certainty and the real estate market,” Premier David Eby said shortly after the decision (in the Vancouver Sun.) Recall that the BC NDP had long reassured the public that reconciliation with B.C.’s 200 Indigenous nations would not infringe upon private property rights.  The BC Supreme Court judge Barb Young wrote in her decision: “what remains of fee simple title after Aboriginal title is recognized in the same lands?” Good question the public deserves to know.

  • BC NDP Attorney General Niki Sharma admitted in BIV News: “The ruling could have significant unintended consequences for fee simple private property rights in B.C." ​

  • Private property impacts are sweeping, from homeowners with and without mortgages, to investors, developers, and commercial businesses who lack certainty around land use permissions and sales, taxation, and governance.​ Some are questioning how much in compensation will be paid either by homeowners directly to Indigenous title holders or — by governments that are already broke — on their behalf.

 

  • Trillions of dollars are tied up in real estate of all kinds in Canada. Why isn't Premier David Eby being honest with the public by announcing his vision and execution plan for reconciliation? How about a reconciliation report card? How is it going: are we 10%, or 20 or 80% through his plan?

 Take 

 Action 

Email Premier David Eby, Prime Minister Mark Carney and provincial and federal  Opposition Leaders with your thoughts. Should these decisions be subject to a referendum?  Constitutional changes?  Have these deals been done with enough transparent public input? 

Image by Maxim Ilyahov

Emails: premier@gov.bc.ca, (Premier Eby, BC NDP Party) pm@pm.gc.ca (Prime Minister Mark Carney, Liberal Party of Canada).

BC MLA Opposition: 
John Rustad John.Rustad.MLA@leg.bc.ca (Conservative Party BC), Dallas Brodie (One BC Party) Dallas.Brodie.MLA@leg.bc.ca, Rob Botterell (Green Party of BC) Rob.Botterell.MLA@leg.bc.ca, Elenore Sturko (Independent) Elenore.Sturko.MLA@leg.bc.ca

Federal Opposition:  Pierre Poilievre (Conservative Party of Canada) pierre.poilievre@parl.gc.ca
Yves-François Blanchet, Leader, Bloc Québécois Yves-Francois.Blanchet@parl.gc.ca
Interim Leader, Don Davies, MP, NDP Party of Canada don.davies@parl.gc.ca


All BC Legislature (MLAs) can be found here if you wish to include your local MLA:
  https://www.leg.bc.ca/members/mla-by-community

All House of Commons Members of Parliament here: https://www.ourcommons.ca/members/en/search

 Further 

 Research 

Additional reading from legal experts and media coverage:

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