The province plans to challenge a court ruling that granted a Vancouver Island First Nation ownership and rights to a large piece of land. The Canadian Press
The Cowichan Nation gathered on Monday to celebrate a major court victory. Elders and community members honored those who came before them. They marked the win in their decades-long fight to reclaim land on the Fraser River in Richmond, B.C. Their ancestors used the land as a summer home and fishing village for generations.
The court case lasted 513 days. Last week, Justice Barbara Young delivered a ruling nearly 280,000 words long. She said the Crown’s grants of private ownership “unjustifiably infringe” on Cowichan Aboriginal title. She called for negotiations. She also ruled that land titles held by Canada and Richmond were “defective and invalid.”
Province Pushes Back with Appeal
The victory was short-lived for some. Hours after the Cowichan news conference, B.C. Attorney General Niki Sharma announced an appeal. She warned the decision could have “significant unintended consequences” for private property rights in the province.
Sharma said the province wants to address land claims through reconciliation, not court battles. “We’re committed to protecting private property rights while working on reconciliation,” she said.
The Cowichan Nation had not asked to declare private property titles “invalid.” But the ruling said B.C. must negotiate in good faith to resolve Crown-granted property issues.
The Land at the Heart of the Dispute
The land sits on Lulu Island’s south shore in Richmond. Historically, Cowichan people traveled each summer to a permanent village there. They fished for salmon and carried on traditions. Winter months were spent on Vancouver Island and nearby islands.
Chief Cindy Daniels said the decision supports their mission to restore the village, gain river access, and revive cultural practices. She explained that the Nation tried treaty negotiations, but no one was open to discussing the land. Court became the only option.
A Case About Land, Not Money
Cowichan lawyer David Robbins said the case has always been about reclaiming land. The Nation wants the province to balance private property rights with their Aboriginal title. “They’ve always understood this case as resetting their relationship with the Crown,” he said.
Stz’uminus First Nation Chief John Elliot, also a plaintiff, grew emotional about the ruling. He said it means future generations can fish, gather, and live as their ancestors did along the Fraser River.
Mixed Reactions and Concerns
Not everyone supports the decision. Some Richmond residents told BC Conservative MLA Steve Kooner they feared for their property values and mortgage renewals.
The case faced opposition from the Musqueam and Tsawwassen First Nations, the federal and provincial governments, the City of Richmond, and the Vancouver-Fraser Port Authority. The Musqueam Indian Band criticized the ruling and may appeal. Robbins said the Cowichan hope all parties can accept the truth and work toward reconciliation.
