The British Columbia government plans to appeal a recent Supreme Court ruling that grants Aboriginal title and fishing rights to the Cowichan Tribes over land in Richmond, located on the Fraser River in Metro Vancouver. The decision, made last week, has raised concerns regarding its implications for private property rights in the province.

Attorney General Niki Sharma expressed strong disagreement with the ruling, stating that it could lead to "significant unintended consequences" for property rights in British Columbia. In a statement, she emphasized the government's commitment to protecting private property rights while also advancing reconciliation efforts with Indigenous peoples. "We disagree strongly with the decision. British Columbia will be filing an appeal and seeking a stay to pause implementation until the appeal is resolved," Sharma said.

The Supreme Court's ruling recognized the Cowichan Nation's historical use of the land as a seasonal fishing village before colonial authorities displaced them. The decision affects a portion of a 7.5-kilometer land claim and overlaps with properties occupied by various businesses, including port terminals and warehouses operated by major companies.

Sharma noted that the case illustrates the province's preference for resolving land claims through negotiation rather than through court decisions, which can create uncertainty. She stated, "This case is an example of why the province prefers to resolve land claims through negotiation — where we can protect property rights directly — rather than risk considerable uncertainty through court decisions."

The ruling has sparked strong reactions from various political figures and organizations. Members of the Opposition have voiced concerns that the decision could undermine land titles and deter economic investment. Langley-Abbotsford MLA Harman Banghu remarked on social media that the ruling "just cracked open the door for your land title to mean nothing."

Additionally, the Musqueam First Nation, which was involved in the case, expressed its disagreement with the judgment. The Musqueam argued that the Cowichan historically sought permission to fish in the area, but the court found that their relationship was cooperative.

The ruling grants the Cowichan Tribes fishing rights along the south arm of the Fraser River, covering all species used for food, social, and ceremonial purposes. The decision also raises concerns for the City of Richmond, which argued that a declaration of Aboriginal title could jeopardize vital municipal infrastructure and expropriate land without compensation.

B.C. Supreme Court Justice Barbara Young acknowledged the city's claims but determined that the lands in question remain "unoccupied and undeveloped" except for a dike. She concluded that the significance of the land to the Cowichan Nation far outweighs its significance to Richmond.

As the B.C. government prepares to appeal, it continues to review the implications of the ruling.