Aboriginal fishing rights on Lulu Island in question

The provincial government has announced its intention to appeal a significant Aboriginal title ruling by the B.C. Supreme Court that granted the Cowichan Nation fishing rights and title over a piece of land on Lulu Island in Richmond.

Attorney General Niki Sharma expressed disagreement with the decision, highlighting concerns about the potential “significant unintended consequences” it may have on private property rights across the province.

“We’re able to come up with reconciliation agreements fulfilling our constitutional commitments while removing uncertainty with respect to private landowner interests or any other interest on that land,” said Sharma.

“We believe that’s the solid path forward.”

Sharma emphasized the government’s preference for resolving such matters through negotiations with First Nation partners, suggesting that the ruling could set a precedent.

“We will have colleagues in my government reaching out to the leadership of the Cowichan,” she explained.

“We’ve had examples of figuring out a thorough agreement, how we can resolve underlying disputes and claims while respecting all the rights at play.”

The Supreme Court decision declared that any land titles issued by the federal and provincial governments over the 7.4-square-kilometer area are “defective and invalid” due to their infringement on the Cowichan Nation’s Aboriginal title.

B.C. Conservative leader John Rustad also supports the appeal, arguing that the ruling creates a “state of dangerous economic uncertainty” for families, municipalities, and businesses.

“There are many answers that we need to seek clarity from a higher level of court with respect to the state of the law in general,” said Attorney General Sharma.

“We’ll be seeking that through our application for review and our application for appeal.”