B.C. Indigenous land claims decision leaves British Columbians in limbo – Fraser Institute
The recent decision of the British Columbia Supreme Court in Cowichan Tribes v Canada (Attorney General) (cited as 2025 BCSC 1490) granting a declaration of Aboriginal title over city-owned land in Richmond and fishing rights in the Fraser River has already drawn attention and concern.
This is because the judgment’s reasoning on Aboriginal title has potentially widespread implications for private property in B.C., and perhaps elsewhere. At the same time, the judgment is also totally inaccessible for most readers. At a monster length of more than 3,700 paragraphs, it does not yield legal guidance easily.
The judgment comes after a trial that started in 2019, with more than 500 trial days. The judgment lists out more than 80 lawyers involved so far. It was the longest trial in Canadian history, and the case will probably ultimately reach the Supreme Court of Canada—perhaps with a decision by the end of the decade.
