Cowichan Wins Title: The BC Ruling That Shocked Real Estate.

The Cowichan Nation just won a historic victory, with the BC Supreme Court confirming their Aboriginal title over the ancestral village of Tl'uqtinus (modern Richmond). But what does this mean for homeowners, the City, and the future of land ownership in B.C.? We break down the massive 2025 ruling.

How It Came About?

This case is the result of a historical injustice regarding the traditional Cowichan village site of Tl'uqtinus on Lulu Island in what is now Richmond, B.C.

• The Original Promise: In the late 1850s, colonial officials promised the Cowichan Nation that this site, which they occupied seasonally and where they had a permanent village structure, would be set aside as an Indian settlement reserve.

• The Betrayal: That promise was never formalized. Instead, the colonial and later provincial Crown began granting vast sections of this land as fee simple title (standard private or government ownership) to settlers and developers in the late 19th and early 20th centuries, ultimately incorporating it into the City of Richmond.

• The Legal Fight: The Cowichan Nation filed the lawsuit, arguing that the land was never legally ceded, the Crown grants were made without proper authority, and the Nation has been unjustly excluded from their ancestral lands ever since. The trial itself spanned over 500 days, making it one of the longest in Canadian history.

What the Facts Are?

To win, the Cowichan had to satisfy the Supreme Court of Canada's legal test for Aboriginal title:

Sufficient Occupation: The Cowichan Nation demonstrated they had a permanent and regular presence at Tl'uqtinus, particularly as a summer fishing village, constructing permanent wood structures and managing the resources, which was integral to their distinctive culture.

Exclusivity: They proved they held effective control over the area during the relevant time periods, meaning no other Indigenous group was exercising title over the land.

Continuity: They established they are the direct descendants of the original Aboriginal rights-holding group.

What the Ruling Is?

The BC Supreme Court released its decision in August 2025, largely affirming the Cowichan's claims.

• Aboriginal Title Confirmed: The Court declared that the Cowichan Nation holds Aboriginal title over a portion of the claim area (approximately 40%, or 300 hectares).

• Government Titles Declared Invalid: The Court found that most of the fee simple titles held by the Federal Crown and the City of Richmond in the title area were "defective and invalid." This was because the Crown grants were made without the statutory or constitutional authority required to sell what were, in fact, "appropriated Indian settlement lands."

• Infringement: The Court ruled that the issuance of these grants was an unjustifiable infringement on the Cowichan’s Aboriginal title.

• The Clock: The declarations of invalidity were suspended for 18 months to compel the governments and the Nation to negotiate an "orderly transition."

The Implications

This is where the drama gets intense. The ruling has created significant, industry-wide uncertainty that goes far beyond Richmond.

• Aboriginal Title is Senior: The ruling establishes a powerful precedent that Aboriginal title is a "prior and senior right to land" that burdens subsequently granted fee simple titles.

• Fee Simple is Not Absolute: It clarifies that B.C.'s Land Title Act and the concept of indefeasible (unchallengeable) title do not shield fee simple interests from constitutional scrutiny under an Aboriginal title claim. Your property title is no longer as bulletproof as once believed.

• The Private Property Question: The biggest anxiety is over the 45 or so privately owned properties within the title area. While the Cowichan Nation did not sue the private owners or ask the court to invalidate their titles, the judge ruled that their fee simple titles were still unjustifiably infringed upon by the government's actions. This has created a legal "cloud" over those properties, impacting mortgages, insurance, and future sales.

• A Call for Reconciliation: The onus is now squarely on the Crown (government) to reconcile these overlapping, conflicting interests, likely through negotiation, compensation, or land swaps.

• Appeal in Progress: The Federal and Provincial governments and the City of Richmond are all appealing the decision, seeking legal clarity to address the profound uncertainty the ruling has created across the province.