An August 2025 Supreme Court of British Columbia decision on the Cowichan Tribes v. Canada (Attorney General) resulted in a highly controversial and precedent-setting recognition of Aboriginal title that overrules private fee simple land ownership, going so far as to call it "defective".  The provincial government is appealing the ruling but 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.  That's like going into court with one hand tied behind your back, leaving taxpayers, homeowners and commercial property owners defenseless. 

 

This 800-page court decision -- also the longest trial in Canadian history -- focused on a competing land claim around Richmond’s south arm of the Fraser River. The disputed land includes approximately $100 billion in infrastructure, impacting the City of Richmond, Crown land, private property, plus ports and warehouses for Amazon, retail stores such as Wayfair and Canadian Tire, as well as UPS, the Vancouver Airport Fuel Authority, and more.