British Columbia's Attorney General Niki Sharma recently stated that fee simple title in private property is superior to Aboriginal title. However, her comments come amid significant actions by the provincial government, led by Premier David Eby, to support Aboriginal title across the province.
A recent letter from the City of Richmond to over 125 property owners raised concerns about the security of their land. The letter informed recipients that the B.C. Supreme Court had declared Aboriginal title over 800 acres of land in Richmond, which may affect the validity of their ownership. The court ruled that wherever Aboriginal title exists, it holds a "prior and senior right" to other property interests, including both public and private lands.
This ruling has prompted many British Columbians to reconsider the implications of the government's commitment to reconciliation, which some believe jeopardizes their land rights. Sharma claimed that the province is pursuing multiple grounds of appeal against the Cowichan First Nation's claim, but critics argue that her government did not adequately defend against it in court.
The Eby administration has taken several steps to transfer control of land in British Columbia to Aboriginal groups. In early 2024, the government proposed amendments to the Land Act, which governs Crown land use, aiming to give First Nations a veto over various projects, including mining and forestry. Although the government withdrew these proposals following public backlash, it has continued to negotiate agreements with specific Aboriginal groups behind closed doors.
In April 2024, the Eby government recognized Aboriginal title to Haida Gwaii, an archipelago on Canada's West Coast, where about 5,000 people reside, half of whom are Haida. While the agreement states that private property will be respected, critics argue that private ownership conflicts with the communal nature of Aboriginal title. Eby has indicated that this agreement could serve as a "template" for future arrangements.
In January 2025, the government announced an agreement for Indigenous management of land and resources with the shíshálh (Sechelt) Nation on the Sunshine Coast. This agreement, made in August 2024, was kept secret for five months, leaving residents unaware until its public announcement. Prior to this, the shíshálh Nation and the province had developed a Dock Management Plan that imposed new regulations on private property owners in Pender Harbour, including restrictions that rendered many existing docks non-compliant without consultation or negotiation.
In June 2025, the government granted the Tŝilhqot’in Nation a veto over mining projects in the Teztan Biny (Fish Lake) area. Additionally, an agreement with the Squamish Nation established 33 cultural sites that are off-limits to development. The government has also permitted First Nations to close provincial parks to the non-Aboriginal public. These developments are largely influenced by the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and reflect a broader trend toward recognizing Aboriginal rights in British Columbia.

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