Navigating the Uncertainty Caused by the Cowichan Decision – Cassels Brock & Blackwell LLP.

Nov 25, 2025

The recent decision of Cowichan Tribes v Canada (AG) (Decision)1 has been subject to intense, and often polarizing, debate due to the uncertainty it has created for private property rights. This brief comment is a follow-up to our more extensive summary of the Decision, and is intended to clarify information provided by the media and other commentators.2 This comment is based on a plain reading of the Decision and the extensive body of Aboriginal title jurisprudence that has been developed by the Supreme Court of Canada (SCC) since the 1980s.

The Decision

In the Decision, the Court issued declarations recognizing the Cowichan Tribes’ (Cowichan) Aboriginal title to roughly 800 acres within the boundaries of the City of Richmond, BC (Cowichan Title Lands). The Cowichan Title Lands include properties held by Richmond and Canada, and properties belonging to unnamed third parties (Unnamed Parties).3 These lands are a portion of the roughly 1,800 acres claimed, and a small percentage of the Cowichan’s asserted territory, which is largely on Vancouver Island.

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