City of Richmond and Musqueam First Nation to appeal Cowichan land ruling | Daily Hive

Cowichan First Nation's claimed area in southeast Richmond. (Google Maps)

The City of Richmond and the Musqueam Indian Band have joined forces with the Government of British Columbia to appeal a Supreme Court of B.C. ruling that recognized Aboriginal title for the Cowichan Tribes.

The highly controversial court decision by trial judge Justice Young, handed down in early August 2025, granted the Cowichan Tribes the Aboriginal title over lands within a large area in southeast Richmond area — a precedent-setting ruling with wide-ranging implications for municipal governance, basic private property rights, and Indigenous land claims in the province and potentially elsewhere in Canada.

Such a decision puts Aboriginal title on a higher pedestal than fee simple ownership, which is the basis of private property rights in Canada.

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From the outset of the trial, the Cowichan Tribes were asking for over 1,800 acres of land in an area with major industrial businesses — including logistics and warehouse facilities for Amazon, Canadian Tire, Wayfair, and UPS — as well as facilities for the Port of Vancouver, a jet fuel terminal and storage facility for Vancouver International Airport, and residential properties and agricultural lands. The property is located on the Fraser River waterfront, with the decision also granting the Cowichan Tribes fishing rights.

The judge ultimately granted Aboriginal title for less than half of what was requested — 732 acres or an area nearly three-quarters the size of Vancouver’s Stanley Park.

cowichan tluqtinus claim area southeast richmond

Cowichan First Nation’s claimed area in southeast Richmond. (Supreme Court of B.C.)

“Unprecedented and compromises the entire land title system”

This claim by the Cowichan was firmly opposed by the Government of Canada, the Government of British Columbia, the Vancouver Fraser Port Authority, and the City of Richmond, as well as the Musqueam Indian Band and Tsawwassen First Nation. All six of these entities were also the defendants in the case, and they had a 30-day deadline to submit their application for appeal following the decision last month.

“The Court’s decision to undermine established fee simple ownership of the properties under the BC Land Title Act within the identified area is unprecedented and compromises the entire land title system in British Columbia,” said Richmond Mayor Malcolm Brodie in announcing the municipal government’s decision to appeal.

“Property owners in Richmond and throughout the province can no longer rely on their title confirming a fee simple interest as conclusive evidence of absolute ownership of their land. The Court’s untenable decision cannot remain unchallenged.”

The Cowichan Tribes are mainly based in southern Vancouver Island. During the trial, they argued that they traditionally had a summertime village at the disputed location in southeast Richmond.

In the written ruling, Justice Young acknowledged that in making the decision, “the bulk of the evidence in this case spans centuries, particularly the period of 1790 to 1914. In the early part of this period, written records were sparse and incomplete.” But the judge ultimately determined there was still a “substantial body of evidence before me, including oral history, historical written records, expert opinion, and ethnographic evidence.”

The Musqueam Indian Band and Tsawwassen First Nation opposed the Cowichan Tribes’ claims, disputing both their history and their right to represent the area. They went so far as to reject the Cowichan’s existence and legitimacy as a First Nation, and argued that the Cowichan historically had to ask for permission to fish in the waters they are now claiming.

In announcing their decision to appeal the decision, the Musqueam Indian Band stated that the court’s decision in favour of the Cowichan Tribes grants them a land area almost 200 acres larger than the size of the main Musqueam reserve in southwest Vancouver.

“Musqueam is deeply concerned by this judgment, particularly its potential impacts on future land claims and court declarations of Aboriginal rights to another First Nations’ core territory. Like many Musqueam families, I come from generations of fishers who worked tirelessly to protect our territory, rights and resources,” said Musqueam Chief Wayne Sparrow.

The Musqueam Indian Band noted that they have “received support from many of its partners and other First Nations” in their decision to appeal.

“As another defendant on the case, we wholeheartedly support Musqueam in choosing to appeal and are also moving forward with our own appeal,” said Tsawwassen Chief Laura Cassidy.

“Our ancestors have stood side by side in this territory, and we will continue to support and defend it, together.”

Earlier this month, Justice Giaschi of the Supreme Court of B.C. made a separate ruling over another case, granting Aboriginal title across the expansive Haida Gwaii archipelago, sparking controversy over similar precedent-setting concerns.

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