A decision has been delivered following the longest trial in Canadian history, awarding title of a piece of land in Richmond, B.C. to the Cowichan Nation, but the saga over Aboriginal land claims may not be over yet.
On Aug. 7, the B.C. Supreme Court released a decision favouring the four First Nations which brought on the claim, after a trial that lasted more than 500 days.
The area in question is located on what is now the south shore of Lulu Island, across from Tilbury Island, in Richmond.
Today, land in the claim area is owned by the federal Crown, the Vancouver Fraser Port Authority, the City of Richmond, and private third parties.
“Although it has taken a very long time, the Cowichan have now established their Aboriginal title to that land,” wrote Justice Barbara Young in her decision. “Nevertheless, much remains to be resolved through negotiation and reconciliation between the Crown and the Cowichan.”
She also ruled The Cowichan have an Aboriginal right to fish the south arm of the Fraser River for food.
Justice Young wrote that the Crown’s granting of free simple interest in the Cowichan Title Lands “unjustifiably infringes” the Cowichan’s Aboriginal title.
“The Province has no jurisdiction to extinguish Aboriginal title. The Crown grants of fee simple interest did not displace or extinguish the Cowichan’s Aboriginal title,” reads the decision.
She wrote that the federal government has a duty to the Cowichan to negotiate in good faith.
Attorney general speaks out against ruling
On Monday’s B.C.’s Attorney General Niki Sharma pledged to appeal the decision.
“We disagree strongly with the decision. British Columbia will be filing an appeal and seeking a stay to pause implementation until the appeal is resolved,” reads her official statement.
“We respect the court’s role in our justice system, but given the significant legal issues raised in the recent decision in Cowichan Tribes v. AG Canada et al., we believe it must be reconsidered on appeal. This ruling could have significant unintended consequences for fee simple private property rights in B.C. that must be reconsidered by a higher court.”
Courtney Zwicker is a digital reporter and associate editor for REM. Based in Atlantic Canada, she has over a decade of experience covering daily business news.