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 Indigenous Land Claim Court Ruling Precedent Renders   Private Land Ownership Defective 

If you own residential, industrial 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, anywhere from 95% (per the Wall Street Journal) to 110% of the land may be under competing, overlapping Indigenous land claims despite decades of negotiations and billions of taxpayer dollars spent on lawyers and consultants that have led to few actual treaties. 

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). "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?  Since then, new title claims on more than half of New Brunswick, the entire city of Kamloops, BC and public lands in Coquitlam, BC have come forward. 

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 at 513 days -- focused on a competing land claim around Richmond’s south arm of the Fraser River and includes oral historical recollections. The Aboriginal title land in question encompasses $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 a golf course among others.  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 whose trial began in 2019.
     

  • The Cowichan Tribes were awarded constitutionally protected rights to those lands and waters, 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". Legal 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

  What does this Mean? 

  • 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. 

  • 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." ​

  • 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.”​​

  • Private property impacts are sweeping, from homeowners who can't renew mortgages or insurance 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?
     

  • Federal spending (taxpayer funds) on Indigenous priorities has now topped 200 Billion over the last ten years, not including provincial land claim settlements, or municipal or regional government spending.  This is paying all the legal fees for these court cases that are stripping away any private property rights and even giving Indigenous bands a veto on natural resources projects, contrary to what Canadians and British Columbians were initially told by political leaders.
     

  • For example, the Cowichan land claim decision alone involved 86 lawyers for all levels of government and the bands.  Where did the taxpayer money go?  Many Nations still lack potable drinking water or affordable housing.  Did you know in 2024 Canada spent twice as much on Indigenous priorities than its own military?

Federal spending on Indigenous priorities is more than Canadian military

 Who is behind this "radical reconciliation" agenda? 

Caroline Elliott, a Simon Fraser University professor specializing in Canadian liberal democracy, explains.

In her thoughtful column, she argues that the BC NDP, led by Premier David Eby, is pushing a deeply ideological and radical “reconciliation” agenda — guided by unelected advisors Doug White and Roshan Danesh who view Canada’s founding as an “original sin” needing redemption. This view demands “turbulence, rupture, sacrifice, pain, and the utter transformation of human affairs” to atone for colonialism hundreds of years ago.
 

Fundamental aspects of property law and societal structures are being discarded, often through secret deals,  that are economically risky, legally uncertain, and socially divisive.  Much of this harmful policy is derived from BC's enabling legislation Declaration on the Rights of Indigenous Peoples Act (DRIPA), taken from the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Despite all the built infrastructure and improvements made to British Columbia and our nation by centuries of immigration, the BC NDP believe  "non-Indigenous British Columbians are “settlers,” “colonizers,” and “uninvited guests" living on "stolen land".

National Post Caroline Elliot reveals who's advising Premier Eby

  Premier Eby created this mess. Do we trust him to clean it up?  

Chris Gardiner, President and CEO of the Independent Contractors and Businesses Association compares Premier Eby to an "arsonist giving a heartfelt speech about the importance of fire safety while the building he torched burns behind him." B.C. Premier Eby now criticizes recent court decisions related to the Declaration on the Rights of Indigenous Peoples Act (DRIPA), he created and rammed through the legislature, calling them "overreaching," "unhelpful," and "toxic." The Cowichan Tribes court ruled Certain fee simple interests were "defective and invalid." Land Title Act protections do not apply to private property when Aboriginal title is declared across the province. This decision has left land or homeowners, farmers, ranchers, investors, and business owners uncertain about their property ownership rights. Four months after this significant ruling, the provincial government has yet to file a stay of proceedings or introduce legal protections for private landowners.​​

ICBA president Chris Gardner asks why voters should trust Premier David Eby to put out the fire he created with DRIPA

 Take  Action

Computer laptop

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? Should Canada and BC repeal the United Nations legislation around Indigenous peoples that was enshrined into legislation without what appears to be any understanding of the consequences?  Have these deals been done with enough transparent public input? Is it time for an audit? Why is the federal government silent? 

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

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  Experts & Opinion Leaders on Landmark Court Ruling  

The below table is a scrollable, list of expert views in news story links, blogs and youtube videos.  At the bottom of the table, click through each additional page for more sources.

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Angus Reid Institute
BC's Haida Gwaii Reconciliation and Public Poll on Cowichan
https://angusreid.org/bc-haida-gwaii-reconciliation/
Angus Reid Institute
Cowichan ruling and BC reconciliation
https://angusreid.org/cowichan-ruling-bc-reconciliation/
Borden Ladner Gervais LLP
Reconciling Title: Aboriginal Title and the Future of Fee Simple Tenure in British Columbia
https://blg.com/en/insights/2025/09/reconciling-title-aboriginal-title-and-the-future-of-fee-simple-tenure-in-british-columbia
Business Examiner
Exclusive: Private Property Rights on Trial
Montrose Industries has owned and operated 193 hectares in Richmond for more than 40 years – warehouses leased to Coca-Cola, Wayfair, and Canadian Tire, plus a former landfill that is being remediated at a cost of $30 million. They’ve invested $300 million in buildings, infrastructure, and environmental systems. They carry $200 million in mortgages from lenders who require clear, defensible title registered with the Land Title Office. Last August, a BC Supreme Court judge declared Aboriginal title over much of Montrose’s land. Montrose wasn’t a party to the case. They received no notice during a trial that involved 98 lawyers and lasted 11 years and had no opportunity to present evidence or protect their interests.
http://EXCLUSIVE PRIVATE PROPERTY RIGHTS ON TRIAL
Business in Vancouver
Could the Cowichan ruling affect BC property assessments?
Vancouver lawyer Thomas Isaac says the economic fallout of the Cowichan Nation court ruling is the most serious issue facing British Columbia right now.
https://www.biv.com/news/real-estate/could-the-cowichan-ruling-affect-bc-property-assessments-11602000
Business in Vancouver
Rob Shaw: BC Has Only Itself to Blame for Eroding Faith in Reconciliation
https://www.biv.com/news/commentary/rob-shaw-ndp-has-only-itself-to-blame-for-eroding-faith-in-reconciliation-11425876
Business in Vancouver
Rob Shaw: Behind closed doors, BC NDP sounds a lot different on Aboriginal title
https://biv.com/news/commentary/rob-shaw-behind-closed-doors-bc-ndp-sounds-a-lot-different-on-aboriginal-title-11413668
Business in Vancouver
Rob Shaw: Eby opens door to financial compensation as Cowichan decision reverberates
Montrose Property Holdings had a lender pull out of financing a new building, as well as a prospective tenant, due to the Aboriginal title ruling. The company could face millions in lost investment opportunities.
https://www.biv.com/news/commentary/rob-shaw-eby-opens-door-to-financial-compensation-as-cowichan-decision-reverberates-11616068
C2C Journal
Manufactured Judgements: How Canada’s Courts Promote Indigenous Radicalism
https://c2cjournal.ca/2025/09/manufactured-judgements-how-canadas-courts-promote-indigenous-radicalism/
CBC News
BC First Nation hopes for reconciliation as contentious land claim heads to appeal
“If the Cowichan didn't want us private property owners involved, then why is the map involving us?," Batth asked CBC News, referring to the area marked out in Cowichan's claim. BC First Nation hopes for reconciliation as contentious land claim heads to appeal.
https://www.msn.com/en-ca/news/news/content/ar-AA1WEnGK?
CBC News
Multimillion-Dollar Mansions, Cowichan Title, and Richmond
https://cbc.ca/news/canada/british-columbia/multimillion-mansions-cowichan-title-richmond-1.7607542
CBC News
Proposed class action claims government misled property owners in light of Cowichan Tribes decision
Claim accuses federal and provincial governments of misrepresenting the security of land title in B.C.
https://www.cbc.ca/news/canada/british-columbia/proposed-class-action-suit-cowichan-tribes-decision-9.6991947
CKNW Jill Bennett Show
Up to $1 billion in B.C. loan guarantees needed after Cowichan land claim decision
Property tax professional Paul Sullivan suggests Premier Eby would need at least a billion dollars to backstop all impacted owners.
https://podcasts.apple.com/ca/podcast/up-to-%241-billion-in-b-c-loan-guarantees-needed-after/id1241365830?i=1000742058755
CKNW Mike Smyth Show
Budget squeaks through, Cowichan decision, World Cup costs (segment on Cowichan decision)
Sullivan describes property owners in legal limbo and questions how many residents are unaware of secretive court and closed‑door deals.
https://podcasts.apple.com/ca/podcast/budget-squeaks-through-cowichan-decision-world-cup-costs/id1513208574?i=1000737302280
CTV News
Richmond councillor calls on province to do more as homeowner's ability to renew mortgage, insurance impacted
https://www.ctvnews.ca/vancouver/article/richmond-councillor-calls-on-province-to-do-more-as-angry-property-owner-speaks-out-over-cowichan-decision/
Cassels Brock & Blackwell LLP
Aboriginal Title Supersedes Fee Simple: Landmark Ruling in Cowichan Tribes v. Canada
https://cassels.com/insights/aboriginal-title-supersedes-fee-simple-landmark-ruling-in-cowichan-tribes-v-canada-attorney-general-creates-significant-uncertainty-for-private-landowners-in-bc/
City News
Lawsuit seeks damages against B.C., federal government over Cowichan title ruling
A proposed class-action lawsuit filed in B.C. Supreme Court says the provincial and federal governments had “long-standing” knowledge that unresolved Indigenous land claims threatened the security of property ownership in Canada.
https://vancouver.citynews.ca/2025/11/25/lawsuit-seeks-damages-b-c-federal-government-cowichan-title-ruling/
Conversations That Matter
Cowichan case and property rights
Legal experts Radha Curpen and Robin Junger explain why Cowichan Tribes v. Canada has become a defining land title case and what it means for homeowners.
https://www.conversationsthatmatter.ca/episodes/585-cowichan-case-and-property-rights
Daily Hive Vancouver
BC Government in secret negotiations with cities and First Nations
https://dailyhive.com/vancouver/bc-government-secret-negotiations-talks-cities-first-nations-proposed-legislation
Daily Mail
Richmond homes may revert to native tribes’ ownership
https://dailymail.co.uk/news/article-15212477/Richmond-Canada-homes-native-tribes-ownership-residents-mayor.html
Daily Mail
Richmond, B.C. Cowichan Tribes home eviction
https://dailymail.co.uk/news/article-15208713/richmond-british-columbia-cowichan-tribes-home-eviction.html
Financial Post
What’s Yours is Ours, Property rights in Canada are in decline
Among the 38 OECD nations, only Canada and New Zealand lack explicit constitutional protection for property rights.
http:// https://financialpost.com/opinion/property-rights-canada-decline
Global News
Class action lawsuit on Cowichan ruling
https://globalnews.ca/news/11545399/proposed-class-action-lawsuit-cowichan-ruling-harm/
Global News
Richmond company in litigation fight over Cowichan land claim
Tom Isaac says sections 23 and 25 of the Land Title Act do not apply to Aboriginal title and warns the precedent goes beyond 800 acres.
https://globalnews.ca/news/11517426/richmond-company-litigation-fight-cowichan-land-claim/
Gowling WLG
Aboriginal Title in Metro Vancouver
https://gowlingwlg.com/en-gb/insights-resources/articles/2025/aboriginal-title-in-metro-vancouver
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