Judge’s refusal to reopen Cowichan case a chilling message to B.C. landowners

By Vaughn Palmer
The Vancouver Sun
July 6, 2026
Category: Business & Politics
Region: Canada, Canada West

BC Supreme Court Justice Barbara Young sent a chilling message to BC landowners when she refused to reopen the case where she designated Aboriginal title over private land in Richmond. Montrose Properties argued it had never received any formal notification that its fee-simple title could be affected by the outcome. This being the first case where Aboriginal title was applied to private as well as Crown land in BC, the federal, provincial and Richmond city governments all supported reopening the application. …Young didn’t rule out that the Cowichan Nation might someday seek to take over all the private land included in the designation of Aboriginal title. …It will be months and maybe years before her findings and those of the New Brunswick court are reconciled. …In the interim, Young has put provincial landowners on notice that they… are at risk from a claim of Aboriginal title.

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