City of Richmond to appeal court decision that grants title to Cowichan Nation

Windwhistler
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City of Richmond to appeal court decision that grants title to Cowichan Nation

British ColumbiaThe City of Richmond is joining the B.C. government in appealing a recent B.C. Supreme Court decision that grants Aboriginal title to Cowichan Tribes. The title is for a parcel of land that includes private property, Crown land, and city-owned land.The B.C. government has said it will also appeal the decisionCBC News · Posted: Sep 04, 2025 4:44 PM EDT | Last Updated: 2 hours agoLand used for industrial purposes between No. 5 Road and No. 8 Road along the north side of the Fraser River in Richmond, B.C., is pictured on Tuesday, Aug. 12, 2025. (Ben Nelms/CBC)The City of Richmond says it will appeal the recent B.C. Supreme Court decision granting Aboriginal title to Quw’utsun (Cowichan) Nation.In August, the B.C. Supreme Court ruled that Cowichan Tribes, and the four other nations that make up Quw’utsun Nation, have Aboriginal title to almost 7.5 square kilometres of land in Richmond and fishing rights to the nearby waters of the Fraser River.Halalt, Lyackson, Penelakut, and Stz’uminus are the other First Nations. While the nations are based on Vancouver Island, the court heard they traditionally spent summers on the mainland, where Richmond is now.The land in question includes Crown land, land owned by the city and private property. In a statement released Thursday, Richmond Mayor Malcolm Brodie said the decision needs to be challenged. “The Court’s decision to undermine established fee simple ownership of the properties under the BC Land Title Act within the identified area is unprecedented and compromises the entire land title system in British Columbia,” wrote Brodie. Justice Barbara Young ruled that the land titles held by Richmond and Canada are “defective and invalid.”She declared that both B.C. and Canada have a duty to negotiate with the Cowichan over the title. Cowichan Nation wins lawsuit arguing land parcel should be returnedThe B.C. Supreme Court has ruled the Cowichan Nation successfully argued a parcel of land in B.C.’s Lower Mainland should be returned to them. The province’s attorney general says it will challenge the title ruling.The province of B.C. has also said it will appeal the ruling.Cowichan Tribes Chief Cindy Daniels has said the nation did not go to court “with malice or ill will towards others.” She said they did it because they weren’t being heard by government — “There was no openness to discussing” title and fishing rights to the particular area at the negotiating table. The Musqueam Indian Band and the Tsawwassen First Nation were also defendants in the case, alongside Canada, B.C., Richmond, and the Vancouver Fraser Port Authority.The Musqueam chief and council have said they are “deeply offended” by the decision. 

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