Richmond Aboriginal title ruling fueling talks between B.C. and First Nations

A landmark Aboriginal title ruling in Richmond is consuming attention at the 10th annual B.C. Cabinet and First Nations Leaders’ Gathering, which on Tuesday, kicked off two days of face-to-face meetings between the province and more than 200 First Nations.

The B.C. Supreme Court decision in August granted Cowichan Tribes the rights to nearly eight kilometres of land along the Fraser River — and also found Crown and city land titles in that area invalid — sparking severe uncertainty for nearly 150 private property owners caught in the zone and the future of fee simple land ownership across the province.

Premier David Eby says he understands why homeowners and business owners are anxious, and says the province needs clarity fast from the Court of Appeal.

The premier insists the goal is to protect private property rights, while also addressing generations of injustice toward Indigenous people.

“That responsibility sits on the government, not on the private property owners,” said Eby.

Lyackson First Nation Chief Shana Thomas, who’s also a member of the Cowichan Nation and part of the First Nations Summit Task Group, pushed back strongly against what she describes as fear-based messaging around the ruling.

Thomas argues much of the public narrative is misleading, stressing that Cowichan Chiefs have repeatedly said they’re not looking to displace anyone — and that it’s the provincial and federal government that must reconcile Aboriginal title with the Crown’s assertion.

“The Cowichan Nation Chiefs made it clear…that they did not want to displace anybody. They know what that feels like,” said Thomas.

“I think that we need to start looking at Aboriginal title in a different context, and we need to start thinking about reconciling that title rather than going to the extreme thinking process of displacement and all of the things that can trigger for folks.

And, although he admits it will be a challenge, Eby pointed to a similar Aboriginal title recognition in Haida Gwaii earlier this year — where private property rights were protected while Indigenous title recognition moved forward — as proof B.C. can balance both.

Eby has said the province is asking for a stay on the ruling to give the Court of Appeal time to review it.

The province says more than 1,300 government-to-government meetings are scheduled over the gathering’s two days.

With files from The Canadian Press.