The fight over land ownership rights in B.C. is heating up.
What happened: The Dzawada’enuxw First Nation (DFN) in B.C. has filed a legal ownership claim for nearly 650 hectares of land in the province, most of which is under private ownership. It’s the first test of a landmark legal decision last year that could undermine established property rights in B.C.
Catch-up: After the longest trial in Canadian history, the B.C. Supreme Court ruled that the government’s ownership of 800 acres of land in Richmond, B.C., was “defective and invalid” and affirmed Indigenous title over land that includes privately owned property.
Landowners in Richmond even received a letter from the city warning them that the court ruling could compromise the validity of their home ownership, though the First Nation in that case did not seek to invalidate the titles of privately held properties.
Why it matters: The landmark ruling raised serious questions about how Indigenous land claims will impact property rights across the country. Depending on the outcome of DFN’s claim — and the many others that are expected to follow — a precedent could be set that opens the possibility of Indigenous groups across the country claiming title over privately held property.
The City of Richmond is already facing a revolt from landowners who say their properties have been devalued by the B.C. court ruling, and that they should pay lower property taxes as a result.
Premier David Eby has earmarked $150 million in loan guarantees to help businesses and homeowners affected by the court’s decision. Real estate developer Montrose claims a lender denied it a $35 million loan over concerns about the ruling.
What’s next: With a flurry of appeals already in motion, it’s all but certain that this case — and the precedent it sets — will be decided by Canada’s Supreme Court. Some say it could be at least seven years until all the appeals are heard, which is a long time in limbo for everyone involved.—LA