The federal government is appealing a B.C. Supreme Court decision granting land title rights in Richmond, B.C., to a First Nation based on historical ownership.

On August 7, Justice Barbara Young granted the Cowichan Nation title claim to about 7.5 square kilometers of land that encompasses federal and municipal properties.

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B.C.'s NDP government will appeal the decision, with Attorney General Niki Sharma citing "significant legal issues" and potential "unintended consequences for fee simple private property rights." Premier Eby stated on September 26 that an appeal is needed for "urgent clarity."

Ian McLeod, a spokesperson with the federal Department of Justice, wrote the Epoch Times that a federal appeal is underway.

Richmond, Tsawwassen First Nation, and Musqueam Indian Band also filed appeals.

Building on the 1997 Delgamuukw precedent, the ruling states that aboriginal title predates and can coexist with Crown and private ownership. Young ruled that simple title doesn't automatically extinguish Indigenous rights, even when governments have sold or managed lands. 

Following a 2019 lawsuit, Cowichan Tribes won the historical territory claim in the Lower Mainland. Young suspended the decision for 18 months to ease the transition.

University of Saskatchewan law professor Dwight Newman states the case creates legal uncertainty for B.C. property rights. He previously told the Epoch Times that future litigation could occur due to overlapping Indigenous and private interests, particularly for urban, waterfront, rural, and resource-rich properties.

Most land in B.C. lacks a formal treaty with Indigenous peoples.

Poilievre speaks on his letter to Liberal Justice Minister Fraser about B.C. property rights being eroded after a controversial ruling involving Cowichan Tribes.

"People are not going to build factories, open up jobs, start businesses, or even buy homes if they think that their… pic.twitter.com/W0wmm7m2pd

— Rebel News (@RebelNewsOnline) September 29, 2025

On September 29, Poilievre claimed the Cowichan ruling, if not overturned, would "devastate our entire economy" by deterring investment, job creation, and home purchases due to the risk of land confiscation. 

Poilievre urged the federal government to appeal the decision, which he and MP Chak Au argued in a letter to Justice Minister Sean Fraser undermines property rights and threatens the economy. They also criticized Housing Minister Gregor Robertson for downplaying the issue and accusing Conservatives of "fear-mongering." 

"Even the BC NDP understands how alarming this is,” reads the letter. 

"We disagree strongly with the decision," Attorney General Sharma stated August 11.

Premier Eby clarified that clear private property title is vital for mortgages, economic certainty, and the real estate market.

Though only mentioned six times 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.

Both federal (2021) and B.C. provincial (2019) law enacted the 2007 declaration. B.C. UNDRIP requires provincial laws (Section 3) to align with the declaration.

Justice Barbara Young cited the provincial Act, which champions indigenous self-determination and legal systems, to argue that denying indigenous title hinders reconciliation.

B.C. must also develop and implement an action plan (Section 4), in consultation with Indigenous Peoples, to meet the UN Declaration's objectives. Annual reports (Section 5) to the legislature are mandated each June to monitor law alignment and action plan implementation.

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