The Historic Cowichan Decision: Aboriginal Title Declared to Fee Simple Land – OKT

August 28, 2025

On August 7, 2025, the Supreme Court of British Columbia released its precedent-setting decision in Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 (“Cowichan”).[1] The case is a huge victory for Cowichan Tribes and sets an important precedent for First Nations and Crown governments across the country. The court in Cowichan found that Aboriginal title exists on lands held in fee simple, and issued a declaration to that effect – a first for any court in Canada.[2] And, the court has ruled that some of those fee simple lands should be returned to the Cowichan Tribe’s ownership and control, another first and a significant milestone in the law around Aboriginal title. In doing so, the court clarified several important principles about how Aboriginal title and fee simple can interact with each other, and definitively rejected arguments that fee simple title can somehow displace or overtake Aboriginal title.

While this decision is a significant victory, the 513-day trial also raises real questions about access to justice, and the enormous burden the Canadian legal system places on First Nations if they want to protect their constitutionally protected rights to their territory and get real remedies for the Crown unlawfully giving away First Nations land.

Read More: https://www.oktlaw.com/the-historic-cowichan-decision-aboriginal-title-declared-to-fee-simple-land/