Most B.C. residents want Aboriginal title negotiations paused amid Cowichan case | Daily Hive

Most British Columbians want all Aboriginal title negotiations paused amid Cowichan court case: survey

David Eby. (Government of B.C.)

British Columbians have become far less supportive of a number of Indigenous reconciliation measures since Fall 2025, while a strong majority remain concerned about the potential effects of the landmark Aboriginal title ruling involving private and public property in southeast Richmond and the Cowichan Tribes, according to a new survey.

The consequential court ruling made by B.C. Supreme Court judge Justice Barbara Young one year ago last week stated that Aboriginal title is a “prior and senior right” to other property interests, whether the affected land is publicly or privately owned.

The federal and provincial governments, the City of Richmond, and the Musqueam First Nation and Tsawassen First Nation are appealing that decision. Meanwhile, the Cowichan Tribes have made an appeal of their own, seeking to claim all 1,846 acres they requested in the original court case — far more than the 740 acres granted by Justice Young.

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In July 2026, as the latest development in what will likely be a years-long saga, Justice Young rejected local developer and property owner Montrose Properties’ request to reopen a portion of the case and have the company be added as a party in the litigation. According to Montrose Properties, about 300 acres of its privately-owned land — entailing industrial lands, including major properties with the logistics and warehouse operations for major multinational firms — are impacted by the ruling, which has created uncertainty for the developer’s ability to finance new construction, enter long-term leases, and rely on its land as security for loans.

“It is disturbing that private landowners were excluded from this case given the finding and declarations the court ultimately made. We are left with no choice but to do everything we can to protect our rights and investments,” said Ken Low, president and CEO of Montrose Properties, last month.

According to the new survey by Research Co., 69 per cent of respondents said property owners across B.C. should be concerned about the Cowichan Tribes’ ruling consequences, with concern particularly high among people aged 55 and older at 76 per cent and homeowners at 75 per cent. Among renters, a high proportion, 63 per cent, are also concerned. Residents in Metro Vancouver and Southern B.C. are most concerned at 74 per cent and 78 per cent, respectively.

Furthermore, 61 per cent of respondents agreed that all negotiations involving Aboriginal title agreements elsewhere in B.C. should be paused until the Cowichan Tribes case is settled, representing an increase of nine per cent compared to Research Co.’s similar survey in November 2025. Another 17 per cent disagreed, while 22 per cent were unsure.

There are an unknown number of Aboriginal title land claims moving through B.C.’s court system, some spanning a decade or more. There have been calls by critics for the BC NDP-led provincial government to publicly disclose the number of Aboriginal title court cases, but so far they have refused.

Some First Nations are pursuing their claims through the formal B.C. Treaty Commission process, while others — like the Cowichan Tribes — have gone to court over Aboriginal rights and title, commercial rights, the adequacy of government consultations and accommodations, and compensation for alleged infringements.

Earlier this week, embedded in the provincial government’s Public Accounts document for the 2025/2026 fiscal year, Premier David Eby’s administration disclosed at least 20 First Nations land transfer commitments through modern treaty and incremental treaty agreements. The total land area spans over 334,600 acres (135,425 hectares; 1,354 sq. ft.) of provincial public Crown land — an area equivalent to over 12 times the overall size of the City of Vancouver. This includes prime waterfront land in Victoria Inner Harbour and the national historic site lands of Hatley Castle (Royal Roads University).

But when it comes to fee-simple ownership specifically, just over half (53 per cent) of survey respondents agree that private property should always take priority over Aboriginal title. Moreover, 51 per cent agreed with the statement that the Cowichan Tribes ruling “erases private property ownership.”

As well, 46 per cent believed the Cowichan Tribes’ assurances that they are not seeking to displace people from their properties. This figure dropped to 42 per cent among homeowners.

The City of Richmond’s decision to send affected property owners a letter in October 2025 warning that the ruling “may compromise the status and validity” of their ownership was supported by 55 per cent of respondents. Another 28 per cent considered the letter an overreaction, and 17 per cent were unsure.

More broadly, 59 per cent now view the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) — the basis of the BC NDP-led provincial government’s controversial Declaration on the Rights of Indigenous Peoples Act (DRIPA) — as positive for Canada. However, compared to the similar survey in November 2025, this is a 14 per cent drop in support, and another 25 per cent now consider this to be negative, representing an 11 per cent increase.

Support also declined for the right of Indigenous self-determination, which includes the ability of Indigenous peoples to determine their political status, pursue their economic, cultural and social development and benefit from their natural resources.

Just over half (53 per cent) considered self-determination positive for Canada, down 10 points since November. But more than a quarter (28 per cent) viewed it negatively, while 19 per cent were unsure.

Despite the overall shift, most respondents continued to support First Nations and Indigenous organizations having authority over development on their territories. Nearly two-thirds, or 64 per cent, agreed they should decide what kinds of housing projects may be built, while 59 per cent said they should decide whether natural resource projects can proceed.

When asked about economic reconciliation — described in the survey as making economic amends for historical injustices against Indigenous peoples — 28 per cent said the BC NDP-led provincial government is doing too much. Nearly three-in-10 (29 per cent) assert the provincial government is doing about the right amount, while 25 per cent said it needs to do more and 19 per cent were unsure.

The survey was conducted from Aug. 2 to 4, 2026, among over 800 adults in B.C. It has a margin of error of plus or minus 3.5 per cent, 19 time out of 20.

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