Richmond councillor pushes for government support after Cowichan case

A Richmond city councillor is planning to call on the provincial and federal governments to step in with immediate supports as uncertainty deepens for property owners caught inside the area impacted by a landmark Aboriginal title ruling.

Coun. Alexa Loo says some landowners in the so-called “black zone” are already having trouble renewing title insurance, securing financing, and getting clarity on what their properties are now worth.

“Those people shouldn’t be the ones bearing the brunt of this legal decision, nor should they be held hostage to their property for the duration of the appeal.”

On Monday, Loo plans to table motions urging the province and federal government to “step in and backstop private landowners” during the appeal process — including temporary measures to mitigate the financial shock caused by the B.C. Supreme Court decision.

Meanwhile, one longtime business owner affected by the ruling — who described the court process as “backdoor dealing” — is expressing his frustration about the case.

“We should have been involved. There would’ve been more voices to be heard, more lawyers involved,” Gord Maichin said, speaking at the news conference called by Loo on Friday.

“My wife was talking to me about this, and she said, ‘Why did [the judge] keep it so private? Why did we just find out now?’ And it seems like they were keeping it private because it was a big secret, because they knew they were doing something wrong.”

Legal expert says governments failed to use existing tools

A leading Aboriginal law expert suggests the situation now unfolding in Richmond was avoidable.

Tom Isaac, chair of the Aboriginal Law Group at Cassels Brock & Blackwell LLP, tells 1130 NewsRadio both the province and the federal governments failed to use long-standing legal tools that could have addressed Aboriginal title without triggering this level of uncertainty for private landowners.

“It’s so apparent that the lack of a strategic, thoughtful approach to dealing with the Aboriginal issue in British Columbia generally has played a large role in us getting to the place that we are unfortunately at right now,” Issac said.

He says the Supreme Court of Canada has already established how governments can balance Indigenous title with fee simple land — including justifiable infringements and compensation — but says those mechanisms weren’t applied in this case.

“Over successive decades, the province has avoided using the terms of extinguishment and avoided at great lengths not to talk about justifiable infringements when these are the only legal tools they have to govern in the face of proven Aboriginal rights, including Aboriginal title.”

Isaac says the impact is now being felt far beyond the 800-acre zone.

“Banks and insurers can do whatever they like. Welcome to how money works,” he bluntly noted, adding he’s already hearing from homeowners across Richmond who are facing new hurdles with mortgages and refinancing.

Moving forward

Isaac says the province must now send a clear message to markets and homeowners that private land title in B.C. will be protected at all costs.

“Assure the markets, assure the homeowners that nothing is going to happen to indefeasible title in this province one way or the other,” he said.

He says the province should seek an expedited appeal hearing, push for a stay of the ruling and introduce measures reinforcing the Land Title Act until the courts resolve the issue.

“That would be government leadership.”

Premier David Eby has said he understands the anxiety among homeowners and insists the province is seeking clarity from the Court of Appeal as fast as possible.

Cowichan leaders maintain they are not looking to displace anyone, and say much of the public messaging around the ruling has been fear-driven.