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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

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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. 

  • 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 .png

政府问责

政府问责

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 Atonement.jpg

政府问责

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.​​

dripa fire Chris Gardner.jpg

 Take  Action

Image by Maxim Ilyahov

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  

Additional reading from legal firms and constitutional experts and media coverage:
 

Angus Reid Institute: BC–Haida Gwaii Reconciliation and Public Poll on Cowichan
https://angusreid.org/bc-haida-gwaii-reconciliation/

https://angusreid.org/cowichan-ruling-bc-reconciliation/

 

Atlantic:  Good Intentions Gone Bad: How Canada’s “reconciliation” with its Indigenous people went wrong

https://www.theatlantic.com/international/2025/12/canada-indigenous-land-court/685463/
 

BIV (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

BIV (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

BIV (Business in Vancouver): Rob Shaw: Eby opens door to financial compensation as Cowichan decision reverberates

"Montrose Property Holdings, which owns a large warehouse in the area with tenants like Coca-Cola and Wayfair Inc., has said in court filings it 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—though it seems unlikely the NDP government would intervene to cover that."

https://www.biv.com/news/commentary/rob-shaw-eby-opens-door-to-financial-compensation-as-cowichan-decision-reverberates-11616068

 

BLG (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

BIV (Business in Vancouver): "Vancouver lawyer Thomas Isaac says the economic fallout of the Cowichan Nation court ruling “is the most serious issue facing British Columbia right now. Instantly, this is an emergency.” 
https://www.biv.com/news/real-estate/could-the-cowichan-ruling-affect-bc-property-assessments-11602000

Canadian Press: Biggest landowner in Cowichan claim wants the case reopened

https://www.thecanadianpressnews.ca/prairies_bc/bc/biggest-landowner-in-cowichan-area-wants-aboriginal-title-case-reopened-in-rare-move/article_a4e3a28b-1f39-5fbd-bf36-43efc37f1480.html

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/


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: 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 feds, province of misrepresenting 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: Property Tax Professional Paul Sullivan suggests Premier Eby would need at least a billion to financially backstop all the owners impacted by the Cowichan Land Claim decision.  https://podcasts.apple.com/ca/podcast/up-to-%241-billion-in-b-c-loan-guarantees-needed-after/id1241365830?i=1000742058755

CKNW Mike Smyth Show Interview with Property Tax Professional Paul Sullivan, Ryan ULC, who shares insights on how property owners are in a legal limbo mess and wonders how many other BC residents are potentially unaware of secretive court and closed-door deals with Indigenous groups and the BC Government.  (12 minute mark in link below).

https://podcasts.apple.com/ca/podcast/budget-squeaks-through-cowichan-decision-world-cup-costs/id1513208574?i=1000737302280

 

Conversations that Matter with Legal Experts: Radha Curpen and Robin Junger of McMillan LLP to discuss how the Cowichan Tribes v. Canada has rapidly become the most significant land title case in Canada – and possibly in Canadian history. It has sparked intense and competing arguments in private, in public, and in the Legislative Assembly in Victoria. Premier Eby was grilled mercilessly about his defence of private property rights, his government’s slow response to file a stay, and what the decision means to homeowners.

https://www.conversationsthatmatter.ca/episodes/585-cowichan-case-and-property-rights

 

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/

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 (UK): Richmond, B.C. Cowichan Tribes Home Eviction
https://dailymail.co.uk/news/article-15208713/richmond-british-columbia-cowichan-tribes-home-eviction.html

 

Daily Mail (UK): Richmond Homes May Revert to Native Tribes’ Ownership
https://dailymail.co.uk/news/article-15212477/Richmond-Canada-homes-native-tribes-ownership-residents-mayor.html
 

Free Press: “David Rosenberg, senior litigation counsel for the Cowichan Nation, tried to assure me that the current owners have nothing to worry about—as long as they don’t try to build anything or get a renovation permit, or sell their land. If they do any of those things, Rosenberg said, then the government might have to consult with or even secure consent from the Cowichan Nation, because Aboriginal title now gives the Cowichan a constitutional say over what happens on that land.”
https://www.thefp.com/p/this-land-is-not-your-land?

Global News: Class Action Lawsuit on Cowichan Ruling

https://globalnews.ca/news/11545399/proposed-class-action-lawsuit-cowichan-ruling-harm/

 

Global News: A leading expert on Aboriginal land issues says private property owners in B.C. should be concerned about the Cowichan land title court ruling.“A precedent that will flow from this case is that sections 23 and 25 of the Land Title Act do not apply to Aboriginal title,” Tom Isaac with Cassels Aboriginal Law Group told Global News.  “Those are not my words — those are the judge’s words, paragraph 3,551. So anyone suggesting this is about 800 acres, it’s simply not the full story on the decision.” The case could also set a precedent for Indigenous land claims in other parts of Canada: an Algonquin First Nation filed a similar title claim in Quebec Superior Court in October.
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
 

Hawkeye Wealth: Fee Simple Under Fire: The High Stakes of Aboriginal Title in British Columbia

https://www.hawkeyewealth.com/fee-simple-under-fire-the-high-stakes-of-aboriginal-title-in-british-columbia


Hymie Substack: BC First Nation Wins Lawsuit Over Land Title
https://hymie.substack.com/p/bc-first-nation-wins-lawsuit-over
 

JFK Law Corporation: Landmark Cowichan Tribes Decision: Coexistence of Aboriginal Title and Private Property
https://jfklaw.ca/in-landmark-cowichan-tribes-decision-bc-supreme-court-addresses-coexistence-of-aboriginal-title-and-private-property/


Juno News: BC Homeowners Warned Their Land May Be Affected by Cowichan Ruling
https://junonews.com/p/bc-homeowners-warned-their-land-may

 

Kelowna Courier: "British Columbia is undergoing a profound and largely quiet shift in land ownership and jurisdiction that raises a central question: who now has final authority over this province’s public lands?

The Government of BC is steadily redefining public land, which makes up more than 95 per cent of the province, as subject to Indigenous ownership and asserted legal authority."

https://www.kelownadailycourier.ca/opinion/article_8dc4c200-2127-44bf-a59d-ebec3cb31d26.html

Lyackson First Nation: Reconciliation on Hold as BC Blocks Cowichan Land Win
https://lyackson.bc.ca/reconciliation-on-hold-as-bc-blocks-cowichan-land-win/


MLT Aikins LLP: Cowichan Decision Raises Questions Around Fee Simple Titles
https://mltaikins.com/insights/cowichan-decision-raises-questions-around-fee-simple-titles/


MLT Aikins LLP: What Is the Cowichan Decision—and Why Is Everyone So Worked Up?
https://mltaikins.com/insights/what-is-the-cowichan-decision-and-why-is-everyone-so-worked-up/


MTP Law: Indigenous Title vs. Private Property: The Cowichan Tribes Decision Explained
https://mtplaw.com/legal-news/indigenous-title-vs-private-property-the-cowichan-tribes-decision-explained/


National Post: Adam Pankratz: The Cowichan Ruling Is Already Causing a Property Rights Panic in B.C.
https://nationalpost.com/opinion/adam-pankratz-the-cowichan-ruling-is-already-causing-a-property-rights-panic-in-b-c


National Post: B.C. NDP Misled the Public to Further Its Reconciliation Agenda
https://nationalpost.com/opinion/b-c-ndp-mislead-the-public-to-further-its-shadowy-reconciliation-agenda


National Post: BC Government Laid the Groundwork for Aboriginal Title on Private Property

https://nationalpost.com/opinion/caroline-elliott-b-c-government-laid-groundwork-for-turning-private-property-into-aboriginal-land

 

National Post: BC Attorney General Niki Sharma Defends Handling of Cowichan Haida Title Cases

https://nationalpost.com/opinion/columnists/niki-sharma-defends-handling-of-cowichan-haida-aboriginal-title-cases


National Post: BC's Reconciliation Nightmare Gets Even Worse: "It has been clear for some months now that David Eby and the B.C. NDP’s approach to Indigenous reconciliation would have ruinous consequences for British Columbia’s economy. Last Friday, the situation got even worse, as a new court ruling poured more cold water on economic activity in the province and opened the door to every B.C. law being subject to interpretation through a United Nations human rights document. The implications for British Columbia could not be much more dire."
https://nationalpost.com/opinion/adam-pankratz-b-c-s-reconciliation-nightmare-gets-even-worse


National Post: B.C. Supreme Court Takes an Axe to Private Property Rights
https://nationalpost.com/opinion/b-c-supreme-court-takes-an-axe-to-private-property-rights


National Post: Canada wasn't stolen from Indigenous People by Dr. Mark Milke, doctorate in political science, University of Calgary, Tom Flanagan, former political science professor at the University of Calgary.

https://nationalpost.com/opinion/opinion-canada-wasnt-stolen-from-indigenous-people

National Post: Cowichan Appeal Should Be Taken to the Supreme Court
https://nationalpost.com/opinion/cowichan-appeal-should-be-taken-to-the-supreme-court


National Post: Cowichan Ruling Scaring Away Investors to BC

https://nationalpost.com/opinion/adam-pankratz-cowichan-ruling-is-scaring-away-investors-dont-let-anyone-say-otherwise
 

National Post: David Eby Bringing B.C. to Its Knees with Aboriginal Land Deals
https://nationalpost.com/opinion/eby-bringing-b-c-to-its-knees-with-aboriginal-land-deals


National Post:  Eby's failure to protect private property will lead to financial crisis: Now that Aboriginal land rights part of B.C. law, the economy's foundation is no longer secure

https://nationalpost.com/opinion/david-livingstone-ebys-failure-to-protect-private-property-will-lead-to-financial-crisis

 

National Post: Land Rights Confusion a Mess of Premier David Eby's Making

https://apple.news/AlkSC47kfTsKXILZxfEoZvg


National Post: The Pieces of Canada that Could Be Declared Stolen Land, Including Kamloops, BC, Gatineau, Quebec and Half of New Brunswick

https://nationalpost.com/opinion/first-reading-the-pieces-of-canada-that-could-be-declared-aboriginal-land-next

National Post:  This Reconciliation is a Disaster for Canada

https://nationalpost.com/opinion/np-view-this-reconciliation-is-a-disaster-for-canada
 

Northern Beat: Prominent legal expert says; "The declaration of Aboriginal title emanated entirely from politically partisan negotiations between the B.C. government and the Haida Nation – passed into provincial legislation in 2024 and rubber-stamped by the federal government – without any public input at all. Then, at the encouragement of both upper levels of government, the Haida quietly asked the BC Supreme Court to affirm these outcomes by consent Order, which effectively cements them into constitutional concrete."

https://northernbeat.ca/opinion/bc-land-title-agreements-breach-public-trust-override-private-title/

Northern Beat: Explainer: Cowichan Aboriginal Title Decision
https://northernbeat.ca/opinion/explainer-cowichan-aboriginal-title-decision/


Northern Beat: Letting the Eby Government Negotiate Aboriginal Title Is Perilous
https://northernbeat.ca/opinion/letting-the-eby-government-negotiate-aboriginal-title-is-perilous/

 

Northern Beat: If Dripa Strands, It Will Make BC an Undemocratic Society

"Effectively, all decisions about B.C. laws must be made in consultation and in cooperation with over 200 First Nation governments. The province and the First Nations will form a collective government that the people of B.C. do not elect."

https://northernbeat.ca/opinion/if-dripa-stands-it-will-make-bc-an-undemocratic-society/

Northern Beat: Northern B.C. Mining Projects Face Aboriginal Title Tangle
https://northernbeat.ca/opinion/northern-bc-mining-projects-face-aboriginal-title-tangle/


Northern Beat:  Chris Gardner, president and CEO of the Independent Contractors and Businesses Association. "Like an arsonist giving a heartfelt speech about the importance of fire safety while the building he torched burns behind him, Premier David Eby told business leaders this week that the legal reconciliation framework his government implemented, is threatening to “undo” British Columbia as a place to invest. Eby now readily admits that recent court decisions tied directly to Declaration on the Rights of Indigenous Peoples Act (DRIPA), are “overreaching,” “unhelpful,” “toxic,” and could destabilize the investment climate and erode public support for reconciliation.  Where was this advice when he was the attorney general guiding DRIPA along the path to becoming law?

https://northernbeat.ca/opinion/premier-eby-lit-the-dripa-fire-now-he-wants-us-to-let-him-put-it-out/

Northern Beat:  “When a government quietly experiments with new forms of “co-title” and “consent-based decision-making” over big chunks of B.C…. it’s playing Jenga with the legal foundation of our economy.” —Chris Gardner

https://northernbeat.ca/opinion/secret-eby-government-land-use-deals-are-expropriation-by-stealth-says-business-leader/


Northern Beat: Secret Reconciliation Land Deals Erode Support for BC NDP and DRIPA
https://northernbeat.ca/opinion/secret-reconciliation-land-deals-erode-support-for-bc-ndp-and-dripa/

Northern Beat: Covert Haida BC Government Court Action May Strip Landowner Protections
https://northernbeat.ca/opinion/covert-haida-bc-government-court-action-may-strip-landowner-protections/

Northern Beat: BC land title agreements breach public trust, override private title

https://northernbeat.ca/opinion/bc-land-title-agreements-breach-public-trust-override-private-title/

Northern Beat: Indigenous and Constitutional Legal Expert of 30 years says: “Using Article 26, the Eby government assumes every square inch of British Columbia’s land base is “stolen” land – what the Premier calls the “original colonial mistake” that he is intent on correcting. Again these assertions are in direct conflict with Canadian constitutional law. Proven Aboriginal title may ultimately cover around six per cent, but certainly not 100 per cent of the B.C. land base.”
https://northernbeat.ca/opinion/time-to-end-the-bc-ndps-ideological-nightmare-and-repeal-dripa/

Public Land Use: Vaughn Palmer: BC NDP Evasion Continues on Haida Nation’s Aboriginal Land Title Case
https://publiclanduse.ca/news/b-c-ndp-evasion-continues-on-haida-nations-aboriginal-land-title-case-vaughn-palmer/


Real Indigenous Report: "Yesterday, an Indian band claimed the entire city of Kamloops and lodged suit. Expect the rest of the province to be so treated. We have no idea how many more of these suits lie in waiting. Again, the taxpayer pays for all of it. every cent. Both sides of the case."

https://hymie.substack.com/p/the-un-and-its-staff-are-a-plague?

 

Substack: “As Cowichan’s lawyer conceded, property owners may now have to obtain First Nations consent to make changes to their property or to sell their home.” The podcast and write up below 👇 is based on a longstanding Indigenous law and constitutional law expert Tom Isaac.
https://open.substack.com/pub/northernbeatnews/p/podcast-tom-isaac?

Substack: Indigenous Report: Does the Cowichan case indicate that private property is on the table for reconciliation? "The word ‘negotiation’ in this context means that BC taxpayers must compensate either the Cowichan plaintiffs or the private property owners for the value of the private property owners’ lands in the area over which the court has declared Aboriginal title."

https://hymie.substack.com/p/does-the-cowichan-case-indicate-that

 

Substack: Does the Cowichan Case Mean Private Property Is on the Table? 

https://wokewatchcanada.substack.com/p/does-the-cowichan-case-indicate-that


The Atlantic: Good Intentions Gone Bad: "The decision in Cowichan Tribes v. Canada “grapples with the evidence” in ways that may seem exotic, if not bizarre, to most legal scholars. Many claims for aboriginal title in Canada turn on “oral history”—stories and songs about the past preserved by the claimants. Such testimony would normally be prohibited by the rule against hearsay evidence, which exists to screen out unverifiable statements. The judge in this case acknowledged in her decision that “the ‘truth’ lying at the heart of oral history and tradition evidence can be elusive.” Yet she allowed this “elusive” truth to become the basis of a claim for billions of dollars’ worth of Canadian property. (Cowichan leaders did not respond to multiple requests for comment.)

If the logic of Cowichan is upheld, there is scarcely a landholding in British Columbia—or much of the rest of Canada—for which ownership is secure."

https://www.theatlantic.com/international/2025/12/canada-indigenous-land-court/685463/


The Globe and Mail: Title Bout Left Richmond Homeowners in Limbo
https://theglobeandmail.com/opinion/article-title-bout-left-richmond-homeowners-in-limbo/

The Globe and Mail: Richmond properties impacted by Indigenous court ruling not "saleable". There's no value.

https://www.theglobeandmail.com/canada/article-bc-cowichan-nation-richmond-aboriginal-title-ripple-effects-land-claim/

The Globe and Mail: A land-claims nightmare is emerging in B.C.​

https://www.theglobeandmail.com/opinion/article-a-land-claims-nightmare-is-emerging-in-bc/

Troy Media: BC NDP undermining British Columbians’ rights to their own land

https://troymedia.com/viewpoint/ndp-aboriginal-land-policies-a-threat-to-british-columbians/
 

Vancouver CityNews: Richmond City Councillor Says Homeowners in Limbo Over Land Title
https://vancouver.citynews.ca/2025/10/20/richmond-city-councillor-says-homeowners-in-limbo-over-land-title/


Vancouver Sun: Vaughn Palmer: Aboriginal Title, Richmond, and the Cowichan Decision
https://vancouversun.com/news/vaughn-palmer-aboriginal-title-richmond-cowichan-decision


Vancouver Sun: BC NDP Evasion Continues on Haida Nation’s Aboriginal Land Title Case
https://vancouversun.com/opinion/columnists/bc-ndp-evasion-continues-on-haida-nations-aboriginal-land-title-case


Vancouver Sun: Did Government Pull Its Punches in the Cowichan Tribes Court Case?
https://vancouversun.com/opinion/op-ed/opinion-did-government-pull-its-punches-in-the-cowichan-tribes-court-case

Vancouver Sun: Poll backstops B.C. NDP decision to fight Cowichan Tribes land ruling

https://vancouversun.com/opinion/columnists/poll-backstops-bc-ndp-decision-to-fight-cowichan-tribes-land-ruling


Vancouver Sun: Up to ONE BILLION in loan guarantees needed for properties impacted by Cowichan Ruling: A property tax expert representing Richmond homeowners affected by this summer’s Cowichan title decision says it could cost the province a billion dollars to backstop financing for properties in the area covered by the decision, far more than the $150 million in loan guarantees offered by Premier David Eby.
https://vancouversun.com/news/up-to-1-billion-bc-loan-guarantees-needed-richmond-cowichan-ruling-expert

Victoria Times Colonist: With 86 lawyers involved, you know that the monumental August decision on the 11-year-old case is not the end of the matter.

https://www.timescolonist.com/opinion/les-leyne-cowichan-land-title-litigation-has-years-to-run-11416385

Wall Street Journal:  Canada's $1 Billion Question: Do Property Rights Still Exist in British Columbia?

https://archive.is/brs4q

Westerly News: Private land owners told they'd have to pay taxes to Indigenous. What's not said is will this be on top of civic taxes to cities?
https://westerlynews.ca/2025/11/10/slow-burn-b-c-mining-case-sparks-more-indigenous-title-questions/
 

Western Standard: Best Judges Are Remaking Constitutional Law — and Canadians’ Property Rights Are the Collateral Damage
https://westernstandard.news/opinion/best-judges-are-remaking-constitutional-law-not-applying-it-and-canadians-property-rights-are-part-of-the-collateral-damage/68692

Western Standard: Cowichan Decision Threatens Private and Public Property (Crown land) 

https://www.westernstandard.news/opinion/giesbrecht-the-cowichan-decision-threatens-not-just-private-property-but-crown-land-too/68995


Western Standard: Mortgage brokers sound alarm over Cowichan Decision's impact on landowners

https://www.westernstandard.news/news/exclusive-mortgage-brokers-sound-alarm-over-cowichan-decisions-impact-on-landowners/68619

Western Standard: One man's land is another man's great, great, great grandfather's fishing village — so what?

"Throughout the history of the world, migration has been a constant," he explained. "That is true in North America, where some First Nations conquered others and took over their land. Nowhere else in the world can a tiny surviving group of original occupants claim legal title to lands that were taken over by incoming populations over 150 years ago. No where, that is, except Canada."
https://www.westernstandard.news/opinion/kirkham-one-mans-land-is-another-mans-great-great-great-grandfathers-fishing-village-so-what/68957
 

Winnipeg Sun: Klein: It’s Time to Face Facts About Land Rights in Canada
https://winnipegsun.com/opinion/klein-its-time-to-face-facts-about-land-rights-in-canada

Winnipeg Sun: INSIDE POLITICS: Indigenous land claims could ‘rip Canada apart’ — Panel slams government silence
https://apple.news/AUBhFaVdeQpiRHNFV3l0fBw


Without Diminishment: "The very idea of a government stepping in to backstop private financing is an admission that the situation is very, very bad.

A poll conducted late last year found that 68 per cent of those surveyed believed property owners should be concerned about Aboriginal title overtaking fee-simple private ownership, and this rises to 75 per cent among owners of primary residences across B.C."

https://www.withoutdiminishment.com/p/dont-tell-british-columbians-to-not-worry


Yahoo! Canada News: What Happened to the Promise of Private Property in B.C.?
https://ca.news.yahoo.com/happened-promise-private-property-b-233628211.html
 

Yahoo! Canada News: ‘Upset is Extreme’: Richmond Hold Public Meeting on Title Decision
https://ca.news.yahoo.com/upset-extreme-richmond-hold-public-215033719.html


YouTube: Cowichan Title Discussion Video
https://youtube.com/watch?v=E-EX3hhWwYI


YouTube: Cowichan Decision Explainer Video
https://youtube.com/watch?v=yD1WIhYx9Jo

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