Are Aboriginal Title Lands in Richmond and Haida Gwaii Exempt from BC Laws? – McMillan LLP
November 14, 2025
There has been a lot of talk lately about the BC Supreme court’s finding of aboriginal title over approximately 800 acres of land in Richmond (much of it owned by private property owners) as well as some public roads. The attention has focused mainly on how this could have happened without proper notice to the landowners, and without them having a right to be heard by the court before the decision was made.
A separate issue that does not yet appear to be receiving significant public attention relates to the question of whether provincial laws will or will not apply to these lands. Is it possible that provincial laws like the Local Government Act or the Property Transfer Tax Act simply no longer apply?
What about the Trespass Act, the Motor Vehicle Act, the Environmental Management Act or the Agricultural Land Reserve Act. The list goes on.
