The B.C. government and Official Opposition oppose a B.C. Supreme Court ruling granting Cowichan Tribes land title and fishing rights in parts of the Lower Mainland, citing property rights. The province plans to appeal.

“Reconciliation cannot occur at the cost of private property rights. Conservatives have been clear on this matter,” B.C. Conservative Leader John Rustad said Tuesday. He urged federal intervention without delay.

Though only briefly mentioned in the 863-page decision, some legal scholars believe the court’s ruling could impact the interpretation of a sweeping UN indigenous pact in Canada, while others disagree.

UNDRIP, a contentious issue for years, is a non-binding document outlining indigenous rights, including self-determination, land ownership, and consent. It grants indigenous peoples the right to restitution or compensation for land taken without their free, prior, and informed consent.

Rustad previously said that UNDRIP was "established for conditions in other countries—not Canada." His past comments on proposed Land Act amendments, aligning with UNDRIP, called it an "assault" on private property rights.

The NDP, critical of the MLA, now worry the ruling threatens private property rights and economic stability. Rustad notes that a lack of clarity leaves homeowners, farmers, small businesses, and investors "in limbo," eroding confidence and stalling projects.

The B.C. government plans to appeal the decision, seeking to stay its implementation. Attorney General Niki Sharma stated, "We disagree strongly with the decision."

Cowichan Tribes celebrated a "historic victory" over alleged settlement land, but the federal government, City of Richmond, and Vancouver Fraser Port Authority opposed the ruling. Musqueam and Tsawwassen First Nations, co-defendants, also denied Cowichan's aboriginal title in shared territories.

Justice Barbara Young stated that UNDRIP is based on Indigenous self-determination and the strength of their legal systems, arguing that denying indigenous title contradicts reconciliation.

However, Constitutional law professor Dwight Newman highlighted that the UNDRIP clause in the judgment addresses the B.C. Land Titles Act's safeguarding of private property against aboriginal title claims. 

Ottawa sees UNDRIP as a reconciliation roadmap, addressing systemic issues and outlining Indigenous rights and land claims, though transfers need separate rulings.

Both federal (2021) and B.C. provincial (2019) law enacted the 2007 declaration. B.C. is the only province to do so, with its law (Section 3) requiring provincial laws to align with the declaration.