If you live in British Columbia, you have likely heard about the recent Supreme Court of British Columbia decision in Cowichan Tribes v. Canada, 2025 BCSC 1490. The case concerns Indigenous land claims in what is now Richmond and has generated significant public interest, confusion, and debate.
At its core, the decision highlights the long and complex history of how provincial and federal governments have dealt with land historically occupied by Indigenous Peoples. Many of these issues predate British Columbia’s entry into Confederation in 1871, and the court’s findings underscore how unresolved some of those questions remain today.
A Dispute More Than 150 Years in the Making
The roots of the case trace back to 1871, when the Crown issued fee simple land grants—essentially private ownership titles—over land that was already occupied and used by Indigenous Peoples.
Evidence at trial showed that even at the time, government officials were raising concerns about selling Indigenous-occupied land to white settlers. Despite those concerns, the grants proceeded.
The lawsuit itself was commenced in 2014. Although the underlying events occurred more than a century ago, the court concluded that the claims were not barred by statutory limitation periods, allowing the case to move forward.
The trial was extraordinary in scale:
- It ran from September 9, 2019, to November 14, 2023
- It occupied 513 days of court time
- It involved 86 lawyers representing numerous parties
- It resulted in an 861-page judgment released on August 7, 2025
Few cases in British Columbia’s history have demanded this level of time, resources, and legal complexity.
What the Court Found
Summarizing a decision of this size is challenging, but several key findings stand out.
- British Columbia cannot extinguish Aboriginal title
The court reaffirmed that, historically, only the federal Crown had the legal authority to extinguish Aboriginal title. As a result, British Columbia’s issuance of fee simple titles could not, on its own, lawfully extinguish Indigenous land rights. - The Cowichan descendants hold Aboriginal title to part of the claimed land
The court found that the descendants of the Cowichan Nation—including Cowichan Tribes Stz’uminus, Penelakut, and Halalt—hold Aboriginal title to approximately 5.7 square kilometres of land along the Fraser River in Richmond.
The court also recognized an Aboriginal right to fish the main arm of the Fraser River for food purposes.
- The Crown has a duty to negotiate in good faith
The court held that both Canada and British Columbia are required to work with the Cowichan descendants to reconcile existing Crown-granted fee simple interests with the confirmed Aboriginal title.
This obligation flows from the constitutional principle known as the honour of the Crown, which requires governments to act fairly and respectfully in their dealings with Indigenous Peoples.
- Crown and municipal titles were declared “defective and invalid”
The court concluded that the original granting of private titles over the land constituted an unjustified infringement of Cowichan Aboriginal title.
This aspect of the decision has understandably caused confusion—and in some cases concern—among homeowners within the affected area. However, Cowichan Tribes have publicly stated that they have no intention of dispossessing people of their homes.
What Happens Next?
An appeal has already been filed with the British Columbia Court of Appeal, and the matter may ultimately be considered by the Supreme Court of Canada. That process could take several years.
In the meantime, the trial judge expressed hope that the decision provides sufficient clarity for the parties to return to the negotiating table and work toward a collaborative resolution. After more than 150 years, the court emphasized, reconciliation—not further delay—is the goal.