Cowichan Tribes v. Canada: What Buyers and Sellers Should Know About the Landmark Court Ruling
On August 7, 2025, the BC Supreme Court issued a significant ruling in Cowichan Tribes v. Canada (Attorney General), granting the Cowichan Tribes Aboriginal title over the historic Tl’uqtinus village site on the southeast side of Lulu Island in Richmond, BC. The decision also affirms the Nation’s fishing rights at the mouth of the Fraser River.
While this case is specific to a particular area, and is now under appeal, it has drawn attention across the province because of its potential implications for private property rights and land ownership in BC.
Background of the Case
The ruling covers approximately 1,846 acres of land in Richmond. Justice Barbara Young found that the Cowichan Tribes had historically occupied and used this land and that it was taken from them between 1871 and 1914 when the Crown granted legal control to settlers and other parties.
Some of the land is currently:
- Owned by the federal government and managed by the Vancouver Fraser Port Authority
- Held by the City of Richmond
- Owned privately through Crown grants made over a century ago
Key Points from the Ruling
Justice Young’s decision—suspended for 18 months to allow for an “orderly transition of the lands”—includes the following findings:
- Certain Crown transfers of land ownership and highway lands unjustifiably infringed Cowichan Tribes’ title.
- Except for certain federal project lands, Canada’s and Richmond’s fee simple titles in the affected area are invalid.
- Canada and BC must negotiate in good faith with the Cowichan Tribes to reconcile their interests, consistent with the honour of the Crown.
- BC must also negotiate in good faith to reconcile Crown-granted fee simple interests held by third parties.
Provincial Appeal and Response
BC’s Attorney General, Niki Sharma, announced on August 11, 2025, that the Province will be appealing the decision, citing concerns about “significant unintended consequences for fee simple private property rights in BC.”
The Province will also seek a stay (pause) in the ruling’s implementation until the appeal is resolved.
The BC Real Estate Association (BCREA) has echoed the Province’s concerns, noting the potential long-term impacts this case could have on property ownership and transactions in BC.
What This Means for Buyers and Sellers Right Now
For now, there is no immediate change to property transactions in Richmond or elsewhere—the ruling is under appeal, and the transition period is suspended while legal proceedings continue.
However, this case is notable for several reasons:
- It’s the first time a BC court has invalidated certain fee simple titles in favour of Aboriginal title.
- It could set legal precedent for how future Aboriginal title cases are handled, including the relationship between private property rights and Indigenous land rights.
- It highlights why buyers and sellers should be aware of land title history—particularly in areas with unresolved land claims.
Questions You Might Have
Does this affect my property in North Vancouver or West Vancouver?
No. This case is specific to land on Lulu Island in Richmond. However, the legal principles could influence future cases elsewhere in BC.
Will this change how land transactions work?
Not immediately. The appeal process could take years, and any potential impacts would depend on the final outcome.
Should I be concerned about buying near Aboriginal title lands?
Buyers should always conduct due diligence—including a title search and review of any potential claims. Your legal counsel can help identify any risks.
Does this mean more claims could impact private property?
The decision raises questions about how Aboriginal title and private ownership interact, but each case is fact-specific. Negotiated settlements remain the preferred approach for most land claims.
Final Thoughts
The Cowichan Tribes v. Canada ruling is a significant legal development that may shape future discussions about land rights in BC. For buyers and sellers, the main takeaway right now is to stay informed—especially in areas where Aboriginal title claims are known or potential.
We’ll continue to monitor updates as the appeal proceeds and share any changes that could affect property rights or real estate transactions.
Have questions about property ownership, title searches, or due diligence in North Vancouver, West Vancouver, or elsewhere in the Lower Mainland? We’re here to help!