'A moment of huge anxiety' for Richmond property owners, says premier | Daily Hive

'A moment of huge anxiety': B.C. premier addresses Richmond property owners after Aboriginal title ruling backlash

David Eby (CPAC)

Premier David Eby is urging calm among homeowners and businesses in southeast Richmond after growing fears that a recent court decision designating Aboriginal title over public and private property in the area could question their ownership title, impact their property values, and their ability to sell their properties and acquire mortgages and insurance.

When asked by media on Monday, Eby acknowledged what he called “a moment of huge anxiety” for property owners within the court-identified claim zone.

“This is a moment of huge anxiety for homeowners that are in the claim area, as well as business owners that have land in this area,” said the premier.

“The court assured us that they would make a decision that didn’t affect landowners in the claim area, so they didn’t have to be served — they didn’t have to be told about the case, that it was going ahead in court. Unfortunately, that obviously turned out not to be the case.”

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It was believed that the Vancouver Island-based First Nation was pursuing public lands — significant property owned by the municipal and federal governments — in the area, but arguments made by the First Nation’s lawyers in court and the ruling by trial judge Justice Barbara Young legally leaves the door open for extending the impact to private property.

Moreover, a previous judge overseeing the early stages of the case ruled that private property owners should not be informed of the litigation — a step that is usually performed by the plaintiff, the Cowichan Tribes. This judge gave weight to the concern that enabling impacted property owners to take part in the case would overwhelm the court and bring the process to a complete standstill.

Eby said the provincial government will be applying for a stay of the decision — effectively a temporary pause of the court ruling’s legal implications — while the B.C. Court of Appeal reviews the matter for the federal, provincial, and municipal governments and the opposition First Nations of the Musqueam and Tsleil-Waututh. He encouraged affected homeowners to share any evidence of financing challenges or market impacts, saying such information would support the province’s case.

Last month, about 150 property owners were sent letters from the City of Richmond, with Mayor Malcolm Brodie warning that their fee simple title ownership status is at risk. This includes not only residential properties, but also agricultural and major commercial and industrial properties, including major multinational businesses. Over 700 people subsequently attended a public information session held by the municipal government.

“Look, this is a hugely stressful time for these families that own these homes in the claim area, and rightly so. They didn’t know, many of them, about that this case was even happening, and then they learned from the mayor about potential implications for their title. And so, I just want to reassure those families and individuals that we’re doing all we can to seek a stay at the Court of Appeal to ensure those arguments are put forward at the Court of Appeal,” he said.

However, it should also be noted that the Cowichan Tribes are making an appeal of their own. Justice Young designated 40 per cent of the 1,846 acres sought by the Cowichan Tribes as Aboriginal title, but the First Nation is returning to court to argue that they should be able to claim the remaining 60 per cent or all 1,846 acres. On a map created by the City of Richmond, this would extend their claims from the black area to the larger green circle.

richmond cowichan tribes aboriginal title

Cowichan Tribes’ land claim area in southeast Richmond. (City of Richmond)

Eby asserted that, at least for now, property ownership remains intact despite the uncertainty.

“People still own their properties, you still are able to sell your properties, but the uncertainty, I recognize, is a serious issue, and we need to resolve that as quickly as possible, which is why we’ve been expediting our work at the Court of Appeal to be able to get there,” said Eby.

But the City has warned that the appeal process could take a number of years through the top courts of B.C. and Canada, leaving property owners in financial limbo over an extended period. The municipal government also accused the provincial and federal governments of issuing directives to their lawyers that pulled their punches, ultimately leading to a half-hearted defence in court.

This week, property tax consultant Paul Sullivan announced plans for a mass property tax appeal to BC Assessment in response to those concerns. When asked about calls to waive the provincial school tax — a form of provincial property tax — for affected properties, a request from some property owners and tax experts, Eby did not commit to the idea. He reiterated that BC Assessment, the agency responsible for determining property values, operates independently of government and is equipped to handle reassessments or appeals based on changing circumstances.

“BC Assessment is independent of government for a reason. If there are impacts on valuations, they have the ability both to reflect that in their assessments and to adjust based on appeals from homeowners, based on a change in circumstances,” he said.

Later this month, Richmond City Council will also consider a member motion by city councillor Alexa Loo calling on the provincial and federal governments to financially backstop property owners in the land claim area.

Loo told Daily Hive Urbanized last week that she is aware of a company in the area that has had a $100-million, shovel-ready project derailed after a bank pulled its loan following the court’s ruling in August 2025. She has also heard of major home price drops. During the public information session, at least one longtime homeowner asserted he has encountered mortgage issues due to the ruling.

More broadly, there are concerns that this ruling and the appeal, if unsuccessful, would set a precedent for millions of other fee simple title properties across B.C. and elsewhere in Canada, where there are outstanding Indigenous land claims. Critics warn this could also deter investment, add to the province’s structural economic challenges, and limit the potential revenue of the provincial government to support services.

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