Cowichan Land Title Decision: One Year Later, Where Do Richmond Property Owners Stand?
It has now been a year since the B.C. Supreme Court released its landmark decision in Cowichan Tribes v. Canada, and for Richmond property owners the most important point is that the legal process is far from over.
The August 2025 decision recognized Aboriginal title over approximately 732 acres in southeast Richmond. The ruling was significant because the area includes land that had previously been granted in fee simple, including privately owned property. While the Court did not invalidate private homeowners' titles, it found that Cowichan Aboriginal title could coexist with fee-simple ownership and that the Province has an obligation to reconcile those interests.
That distinction is important. There has been considerable concern that homeowners could simply lose their properties as a result of the ruling. That is not what the Court ordered.
However, the decision raised a much broader question about the certainty traditionally associated with registered land title in British Columbia. That is why the City of Richmond, British Columbia, Canada and other parties have appealed. Cowichan is also appealing aspects of the decision and is seeking recognition of title over more of the original claim area.
Meanwhile, the Province and Cowichan Nation have been negotiating. Both have publicly stated that neither is seeking to invalidate privately held fee-simple titles through either the negotiations or their appeals.
A Significant New Development
Another Canadian case may now have an important influence on what happens next.
The New Brunswick Court of Appeal reached a different conclusion on Aboriginal title and privately owned land, finding that Aboriginal title could not be declared over land held by private owners. The Supreme Court of Canada has now declined to hear an appeal of that decision, allowing the New Brunswick ruling to stand.
That does not automatically overturn the Cowichan decision. The cases involve different facts and legal arguments. But we now have two appellate paths pointing in different directions, and the New Brunswick ruling is likely to become an important part of the arguments before the B.C. Court of Appeal.
What Does This Mean for Richmond Homeowners?
For most Richmond homeowners, my advice remains straightforward: stay informed, but don't panic.
The original ruling is under appeal, private titles were not cancelled, and both the Province and Cowichan have stated publicly that they are not seeking to invalidate privately held fee-simple titles.
At the same time, I don't think the uncertainty should be dismissed. The security and marketability of registered title are fundamental to our real estate system. Lenders, buyers, sellers and property owners need clarity about exactly how Aboriginal title and fee-simple ownership can coexist.
After more than 35 years selling real estate in Richmond, I have seen plenty of changes to land-use regulations and property rights. This one is different because it involves some very fundamental questions about land ownership in British Columbia.
The appeals should provide considerably more direction. Until then, I will continue following the case closely and updating Richmond property owners as meaningful developments occur.
Michael Cowling
REMAX Michael Cowling and Associates Realty
Richmond & Greater Vancouver
