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Good morning,
On August 7, 2025, Justice Barbara Young of the BC Supreme Court made a landmark ruling in the case, Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490.
Background
The court decision gives the Cowichan Tribes Aboriginal title over the historic Tl’uqtinus village on the southeast side of Lulu Island in Richmond, BC, approximately 1,846 acres. The ruling also gives the First Nations fishing rights at the mouth of the Fraser River.
Justice Young found that since at least the late 1800s, the Cowichan Tribes have been actively seeking recognition of their interests in the Lands of Tl’uqtinus. The judge found that the Cowichan Tribes Title Lands on Lulu Island were taken from the First Nations between 1871 and 1914, when the Crown granted legal control over the property to settlers. Portions of the land are owned by the federal government and managed by the Vancouver Fraser Port Authority. The BC Government also granted some of the village lands to settlers.
Court Ruling
Justice Young’s decision, suspended for 18 months “to allow for an orderly transition of the lands,” rules that:
- certain Crown transfers of land ownership and highway lands unjustifiably infringe Cowichan Tribes title;
- except for Canada’s interests in the Vancouver Airport Fuel Delivery Project Lands, Canada and Richmond’s fee simple titles in the Cowichan Tribes Title Lands are defective and invalid;
- Canada must negotiate in good faith to reconcile its fee simple interests with Cowichan Tribes title, consistent with the honour of the Crown; and
- BC must negotiate in good faith to reconcile Crown-granted fee simple interests held by third parties and the Crown’s vesting of the soil and freehold interest to Richmond with the Cowichan Tribes title, consistent with the honour of the Crown.
Provincial Appeal
On August 11, 2025, Provincial Attorney General Niki Sharma released a statement expressing concern that the “ruling could have significant unintended consequences for fee simple private property rights in BC that must be reconsidered by a higher court.” In a later interview, Sharma stated that the Province believes the court did not find the right balance between respecting innocent land purchasers and Aboriginal title. As such, the Province has stated its strong disagreement with the decision and is filing an appeal, seeking a pause in implementation until the appeal is resolved.
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