The British Columbia government is appealing a significant ruling issued by the Supreme Court last week. Attorney General Niki Sharma announced the province's strong disagreement with the decision.

"British Columbia will be filing an appeal and seeking a stay to pause implementation until the appeal is resolved," Sharma stated. She emphasized the importance of the court's role in the justice system but expressed concerns about the implications of the ruling in the case of Cowichan Tribes v. AG Canada et al.

Sharma noted, "Given the significant legal issues raised in the recent decision, we believe it must be reconsidered on appeal. This ruling could have significant unintended consequences for fee simple private property rights in B.C. that must be reconsidered by a higher court."

The case highlights the province's preference for resolving land claims through negotiation rather than litigation. The land claim, which is noted as Canada’s longest trial, was initiated in 2019 by four First Nations: Quw’utsun Nation, Cowichan Tribes, Stz’uminus First Nation, and Penelakut Tribe, along with Halalt First Nation and all other descendants of the Cowichan Nation. They sought to recover government-held lands near the mouth of the Fraser River and to establish an Aboriginal right to fish in the south arm of the Fraser River for food.

Currently, the land in question is owned by various entities, including the federal Crown, the B.C. government, the Vancouver Fraser Port Authority, the City of Richmond, and private third parties. The defendants in the case included not only the federal and provincial governments and the port authority but also the Tsawwassen First Nation and the Musqueam Indian Band.

Justice Barbara Young's ruling directs the Crown to determine how to resolve ownership issues where existing legal titles overlap with the newly recognized title of the Cowichan Tribes. Further developments are expected.