The City of Richmond has notified registered homeowners that their property rights could be affected by the BC Supreme Court’s decision in Cowichan Tribes v. Canada, which recognized Aboriginal title over parts of Lulu Island and held that Aboriginal title takes precedence over fee simple ownership.
City hall says the ruling declared Aboriginal title over approximately 732 acres in southeast Richmond. The city filed a notice of appeal and warned that the court’s conclusions undermine reliance on fee simple title under the Land Title Act.
“The Court’s untenable decision cannot remain unchallenged,” Mayor Malcolm Brodie said.
A rumored notice that circulated states the decision “could negatively affect the title to your property,” includes a draft map of the claim area, and says properties in a black-outlined zone were declared subject to Aboriginal title which “may compromise the status and validity of your ownership.”
Legal summaries note the plaintiffs sought declarations over about 1,846 acres and won title to a portion of that area. The decision emphasized that Aboriginal title can coexist with fee simple interests but is a prior and senior interest and may render certain Crown and municipal fee simple grants “defective and invalid.” The court also affirmed a constitutionally protected right to fish the south arm of the Fraser River for food.
The claim covered roughly 1,846 acres, while the city says the area in which Aboriginal title was declared is about 732 acres.
Private homeowners are not parties to the judgment, and a leading case note states the court declined to make findings on the status of privately held fee simple titles, indicating those interests remain valid unless a future court rules otherwise or negotiations resolve conflicts.
The province has said it will appeal as well, and coverage of ministerial statements confirms the case is moving to the BC Court of Appeal.
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