The ripple effects of the longest trial in Canadian history are starting to rattle some B.C. landowners.
What happened: Landowners in Richmond, B.C., received a letter from the city warning them that a recent court ruling on Indigenous land rights could compromise the validity of their property ownership.
- The warning stems from a landmark B.C. Supreme Court ruling in August that recognized Aboriginal title to 800 acres of land in Richmond.
- The judge ruled that the governments’ ownership rights of those lands are “defective and invalid,” creating uncertainty as to who will ultimately control the properties.
Catch-up: Cowichan Tribes v. Canada is the first case in Canadian history affirming Indigenous title over land that includes privately owned property. The Cowichan Tribes said they aren’t looking to displace B.C. homeowners, but they have taken issue with some commercial operations on the land.
- The 800 acres collectively is worth around $1.3 billion, including a golf course, private homes and farms, and part of the Port of Vancouver.
Why it matters: The ruling raises serious questions about how Indigenous land claims could impact private property rights. If it holds up to legal challenges, a national precedent could be set that other Indigenous groups across Canada can assert title over privately held property.
What’s next: With the municipal, provincial, and federal governments appealing the ruling, it seems like a foregone conclusion that this case — and the precedent it sets — will be decided by Canada’s Supreme Court.—LA