BC court ruling puts Aboriginal title above private property rights

By Rob Shaw
Business in Vancouver
August 11, 2025
Category: Business & Politics
Region: Canada, Canada West

It will take time to fully understand the implications of a landmark court ruling that appears to place Aboriginal title in British Columbia above standard private property rights. But already, there’s a fierce political debate. The BC Supreme Court ruled that the Cowichan Tribes holds title over federal, city and private land in Richmond that it historically used as a fishing village. This title sits higher in the legal hierarchy than fee simple land rights of other current owners. The ruling could set a precedent that fundamentally changes the security of standard private property in B.C. …Eby’s comments hit at the core of the fallout — that with most of British Columbia identified by First Nations as traditional territory, the court ruling could scare away not only the general public but businesses considering investing in the province. …But Justice Young appeared to set a new precedent by calling Aboriginal title the “senior interest in land vis-a-vis the fee simple titles.”

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