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.” …