BC Supreme Court ruling grants Quw’utsun Nation Aboriginal title over lands

The Peak

The Cowichan Tribes v. Canada trial spanned 513 days from 2019 to 2023, making it the longest trial in Canadian history.

On August 7 of this year, BC Supreme Court judge Barbara Young ruled that the Quw’utsun (Cowichan Tribes) hold Aboriginal title to an area of land near the Fraser River on what is now known as Lulu Island in Richmond. Aboriginal title refers to the “unique collective right to the use of and jurisdiction over a group’s ancestral territories.” …

The Peak spoke with Richmond mayor Malcolm Brodie about Richmond’s plans to appeal the ruling.

Brodie explained that in past instances, Aboriginal title only affected Crown land, while fee simple property was spared. Crown land is “land, or land covered by water like rivers or lakes, that’s owned by the provincial government.” However, this case sets a new precedent as the court ruled that Aboriginal title “can’t be extinguished by having your title in the land title office,” he said. “You’ve got two different titles, both of which give the right of exclusive possession and occupation of that property,” he specified.

Brodie explained that “if the province comes along and takes some of your property because [ . . . ] they want part of that property for roads, they do what’s called expropriation on that property.” They claim “the portion they need, and you get fair market value” — “the price that an asset would sell for under current market conditions, assuming that both the buyer and the seller are seeking the best possible price.” …

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Announcement by Richmond Mayor Malcolm Brodie

After 25 years as Mayor of Richmond, I have made the decision not to seek another term of office in the next election set for October 2026. Over the years, it has been an immense honour and a privilege to have served the City through times of growth, opportunity and challenge.

Since 1996 and 2001 when first elected as a Richmond City Councillor and Mayor respectively, I have been honoured to work with our City Councils and staff as well as our residents and businesses on issues of importance to all. I have also had the advantage of being able to build on the legacies of so many visionary predecessors – Mayors from Hugh Boyd to Greg Halsey-Brandt in addition to long-serving City Councillors.

When reflecting on changes to the City over my years in office, the focus usually is on the major facilities – the Richmond Olympic Oval, the Canada Line, the firehalls, the City Centre Community Centre and the Minoru Centre for Active Living among others. However, so much of the story over the years is about the people. Richmond has often been described as being diverse in population, healthy, active and vibrant while being supportive of families.

The City is among the civic leaders in promoting sustainability, environmental enhancement, recreational opportunities, effective use of technology, implementation of affordable housing, adaptation to climate change, implementation strategies to reduce GHG emissions and accommodation for growth. Though Richmond’s economy has grown from being farming and fishing-based to being a modern urban centre with a diverse business sector, the community’s heritage values have always been respected.

Especially with the expected growth, there promises to be many future challenges which will necessitate constant change. For example, the process relating to the court’s Cowichan aboriginal title declaration needs to be pursued as the result of the real threat it poses to homeowners in Richmond and throughout the Province. Housing in general is an increasingly complex issue – both in terms of affordability and supply. The City must support those who have no home through assistance in various forms while supporting neighbourhoods. Expansion and renewal of infrastructure must continue. Inflation of costs will always strain the ability to minimize yearly tax increases. There will be more pressure on recreational programs which makes the building of the new community centre in north Richmond more urgent. Cultural opportunities must be enhanced. And there is much more on the list.

I have appreciated the steadfast support that I have received over the years from the various City Councils and entire organization of city staff as well as our active volunteer base. My entire family has always been very enthusiastic in supporting my role in the community and that has proven invaluable. The various agencies and businesses in the community have always been instrumental in the success of the City. I am very grateful to all and will leave office fully confident that the Mayors and City Councillors of the future will preserve the legacies built over the years while they enhance the stature of Richmond as an important urban centre in the Province.

I will continue to remain fully engaged in my elected role until the end of my term in November 2026 in order to assist in positioning Richmond strongly for the future. By providing notice at this
early time, anyone wishing to seek the position should have ample time to envision strategies for how the City should meet future challenges and take advantage of opportunities that may arise.

Thank you for electing me to serve the City of Richmond during such a time of significant transition.

Malcolm Brodie
Mayor of City of Richmond

Contact Information

Gillian Baker, Executive Assistant to the Mayor
Phone: 604-276-4123
Email: mayorea@richmond.ca

Richmond, B.C., Mayor Malcolm Brodie won’t seek re-election after 25 years in the role

CBC News

The mayor of Richmond, B.C., says he has decided not to seek re-election next year, wrapping up what will be a 25-year tenure in the role.

Malcolm Brodie said in a statement Tuesday that it has been an honour and privilege to serve the city through “times of growth, opportunity and challenge.”

Speaking to CBC’s On The Coast host Gloria Macarenko later in the day, Brodie said he was looking forward to spending more time with family and volunteering. …

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Richmond mayor Malcolm Brodie to retire in 2026 after 25 years

Vancouver Sun

After winning eight straight elections, Richmond Mayor Malcolm Brodie is retiring.

But not just yet. The 76-year-old will remain mayor until the next civic election in 2026, when he will step down after 25 years.

Asked why he is retiring, Brodie said it’s time.

“I practised law for 27 years, and I’m in my 24th year as mayor – it will be 25 by the time I’m finished,” said Brodie. “Five years before that, I was on city council. So I think a 30-year career is pretty extensive.” …

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Tsawwassen First Nation, Musqueam Indian Band appeal Cowichan title decision

North Delta Reporter

Tsawwassen First Nation and Musqueam Indian Band are both appealing a court decision granting a group of Vancouver Island First Nations fishing and land rights in the Fraser delta.

On Aug. 7, after a 513-day trial (the longest in Canadian history) and more than 20 months since closing arguments, B.C. Supreme Court Justice Barbara Young issued an 863-page judgment recognizing Cowichan Tribes, Stz’uminus First Nation, Penelakut Tribe, Halalt First Nation and Lyackson First Nation’s Aboriginal title over the Tl’uqtinus village lands — located on the south shore of Lulu Island (now in the city of Richmond) opposite Tilbury Island in Delta. …

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‘The judge has dismantled the land title system’: Richmond Mayor disputes B.C.’s Cowichan Tribes Aboriginal land title decision

Chek News

One month ago, a landmark decision from the BC Supreme Court granted the Cowichan Tribes Aboriginal title over a large portion of land in Richmond, B.C. Now The Musqueam Indian Band and the City of Richmond are appealing the decision.

The province gave away the land in 1871. Currently, the land in the disputed area is owned by Ottawa, the B.C. government, the Vancouver Fraser Port Authority, the City of Richmond and private third parties. …

Richmond Mayor Malcolm Brodie describes the decision as extrodinary. He feels that Aboriginal title and B.C. traditional land title cannot live side by side

“We have just an unbelievable devastating situation on our hands. The judge has dismantled the land title system, thrown the title to a certain area and potentially the whole province up in the air,” said Brodie. …

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City of Richmond files appeal of B.C. Supreme Court’s Cowichan Tribes decision

CTV News

Backlash to a landmark court decision granting aboriginal title to private land in Richmond, B.C. continues.

Premier Eby weighed in on the controversial case Thursday, at an unrelated press conference.

“We’re committed to reconciliation, we’re going to do it. This decision upends a lot of our work,” Eby said when asked about the Cowichan Tribes decision. …

On Thursday, Richmond Mayor Malcolm Brodie said the city has filed an appeal.

“The decision of the court basically took the land title system that we have had in the province for so many years and has worked so well, and it has basically upended it,” said Brodie.

He says he worries the case could have implications for private property owners across B.C.

“This could impact almost every freehold interest in the province,” said Brodie Thursday. …

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City appeals Cowichan Ruling

City of Richmond

The City of Richmond has filed a Notice of Appeal from the recent BC Supreme Court decision that declared the Cowichan Tribes have aboriginal title to approximately 732 acres of land in south east Richmond, and that aboriginal title takes precedence over fee simple ownership.

“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,” said Mayor Malcolm Brodie. “Property owners in Richmond and throughout the province can no longer rely on their title confirming a fee simple interest as conclusive evidence of absolute ownership of their land. The Court’s untenable decision cannot remain unchallenged.” …

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

CBC News

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. …

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.

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Youth artwork to be featured in Richmond’s official plan

Richmond News

The City of Richmond has chosen the winners of a youth art contest, and the artwork will be featured in the updated Official Community Plan.

The contest was open to local youth, who were asked to submit artwork the represented Richmond’s future.

Twenty youth of diverse ages submitted work in various media including watercolour, mixed-media and digital art.

“Congratulations to all the participants and winners of the Youth Art Contest,” said Richmond Mayor Malcolm Brodie.

“Your inspiring creativity reflects the spirit of Richmond and shows a deep understanding of our city’s future. Each piece beautifully captures the themes of the Official Community Plan update and highlights the unique vision our youth bring to shaping Richmond. Thank you for sharing your talent.” …

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