There is a lot of confusion and worry for landowners in Richmond following a public meeting on Tuesday night about the potential impacts of a major B.C. Supreme Court ruling involving the Cowichan Nation.
“There’s a lot of frustration, but I think people have every right to be mad,” Caroline Elliott with the Public Land Use Society told Global News.
“In fact, they have every reason to be outraged. This government’s actions in this regard have been secretive. They’ve been misleading. They have been counter to the public interest.”
In August, B.C.’s Supreme Court granted the Quw’utsun Nation (Cowichan Nation) Aboriginal title over 5.7 km of land in Richmond.
Last week, the City of Richmond sent a letter to a group of 150 property owners, warning them that the case could compromise the validity of their ownership.
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The Cowichan Nation argued against this and said the ruling does not erase anyone’s private property.
“The B.C. government is trying to distance themselves from this decision,” Elliott said.
“But the fact is, they laid the groundwork for this ruling in multiple ways. So to see them suddenly be on the defensive and try to distance themselves from it is quite interesting to watch.”
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Meeting held with Richmond residents over Cowichan land ruling
Adam Wachtel, a realtor with the Patti Martin team at Re/Max West Coast, said the meeting on Tuesday night was informative, but it has left homeowners in a period of uncertainty.
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“We heard stories about some people going through the refinancing process right now, and mortgages and banks are uncertain with how they’re gonna proceed with refinancing,” he said.
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“So right now, that really calls into question, can you get refinancing on your home? And if you can’t get refinancing, then what do you do? Well, you have some private lenders, interest rates gonna be huge… So it’s a waiting game right now. Everyone still owns their home, they still own the land, but it’s just a position of uncertainty.”
Wachtel said he wrote a letter to Richmond Mayor Malcolm Brodie, councillors, MLAs and Attorney General Niki Sharma flagging the issue that when the economy is founded on property ownership and property rights, people have so much equity tied up in their homes.
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“If that disappears overnight, it’s going to be a big concern,” he added.
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The City of Richmond is appealing the decision along with the provincial and federal governments.
Elliott said the Cowichan Nation put Aboriginal title over private land, which is one of the reasons this case is so problematic.
“The government yesterday was saying, in fact, Aboriginal title and private property cannot coexist on the same piece of land. That’s fine. And that’s true,” she said.
“But they made that very argument that they can coexist in a different case related to Haida Gwaii, which was referenced specifically in the Cowichan decision.
“So they’re in one court saying private property and Aboriginal title cannot coexist and in a different court saying private property and Aboriginal title can coexist. And so there’s a reason for people to be confused and frustrated and angry about this.”
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In early September, the B.C. Supreme Court ruled that the Haida Nation has Aboriginal Title, recognized and affirmed under s. 35(1) of the Constitution Act, 1982, to the terrestrial areas of Haida Gwaii.
The Haida application was supported by Canada and British Columbia on the basis of agreements with the Haida Nation made in 2024.
Elliott said what is happening in Richmond could have ramifications across B.C.
“The court ruled that Aboriginal Title is a prior and senior right to private property,” she said.
“It declared certain fee simple interest private property interest defective and invalid in the claim area. Yeah, I think people have a real reason to be concerned.”
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