British Columbia's recent legal decisions regarding Aboriginal land title have raised concerns among property owners. The B.C. Supreme Court recently awarded Aboriginal title to 800 acres of land in Richmond to the Cowichan First Nation. This ruling has led to uncertainty for many property owners in the area.

Last week, Attorney General Niki Sharma stated that fee simple title in private property is superior to Aboriginal title. However, critics argue that the provincial government, led by Premier David Eby, is prioritizing Aboriginal title over private property rights. The City of Richmond sent letters to over 125 property owners, warning them that their land ownership may be compromised due to the court's decision. The letter noted, "For those whose property is in the area outlined in black, the Court has declared aboriginal title to your property which may compromise the status and validity of your ownership."

The court's ruling emphasizes that wherever Aboriginal title exists, it is a "prior and senior right" to other property interests, whether public or private. This has sparked fears among residents that their land security is at risk.

In early 2024, the Eby government proposed amendments to the province's Land Act, which governs Crown land use. The proposed changes would have given First Nations a veto over various projects, including mining and forestry. Although the government withdrew the proposals after backlash, it has continued to pursue agreements with specific Aboriginal groups.

In April 2024, the government recognized Aboriginal title to Haida Gwaii, an archipelago on Canada’s West Coast. While the Haida community supported the agreement, non-Haida residents were not consulted. The agreement states that private property will be honored, but critics argue that this is incompatible with the communal nature of Aboriginal title.

In January 2025, the government announced an agreement for Indigenous management of land and resources with the shíshálh Nation on B.C.’s Sunshine Coast. This agreement, made in August 2024, was kept hidden for five months, leaving residents unaware until it was finalized.

The government has also granted the Tŝilhqot’in Nation a veto over mining projects in the Teztan Biny area and established cultural sites off-limits to development in collaboration with the Squamish Nation. Additionally, First Nations have been allowed to close provincial parks to the public.

These developments are largely influenced by the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the B.C. statute that incorporates UNDRIP into provincial law. This statute, known as DRIPA, was passed unanimously in 2019 and mandates that B.C. laws align with the Declaration.

In September, the Eby government sought to constitutionalize the Haida Gwaii agreement, applying for a court order to declare Aboriginal title to the area. The B.C. Supreme Court granted this request, effectively incorporating Aboriginal title into a constitutional right under Section 35 of the Constitution Act, 1982. This means that future governments may not be able to alter this designation.

As these changes unfold, many British Columbians are becoming increasingly aware of the implications for land ownership and governance in the province. The ongoing discussions about Aboriginal title and property rights continue to evoke strong reactions from various stakeholders in the region.