After years of woke land acknowledgments, some Canadian homeowners may soon be evicted

Liberals and others keen to signal their adherence to post-colonial theory for years started their meetings and conferences in Canada with land acknowledgments, thanking the descendants of those warring semi-nomadic, Stone Age peoples present at the time of European civilization’s exportation to North America “for allowing us to meet and learn together on their territory.”

Owing to a consequential court ruling on Aug. 7, some Canadians in Richmond, British Columbia, might ultimately have to acknowledge that their land is no longer legally their own — and get packing.

‘The judge doesn’t seem to have fully considered the panic her judgment would cause.’

Members of the Cowichan Tribes, an Indian band in B.C. comprising around 5,500 souls, brought a legal action several years ago against the Canadian federal government, the Province of British Columbia, the City of Richmond, and other parties, seeking a declaration of aboriginal title to 1,846 acres of land in Richmond.

After a 513-day trial with hearings spanning over 11 years, Justice Barbara Young of the B.C. Supreme Court ruled that:

• the Cowichan have aboriginal title to the land in question;
• the Crown grants of basic property ownership in the area, “and the Crown vesting of the soil and freehold interest in certain highway lands in the Cowichan Title Lands, unjustifiably infringe the Cowichan’s Aboriginal title”;
• “Canada and Richmond’s fee simple titles and interests in the Cowichan Title Lands are defective and invalid”; and
• members of the Indian band have a right to fish the south arm of the Fraser River for food.

While the judge did not order restitution, she tasked the federal and provincial governments with negotiating “in good faith towards reconciliation of Canada’s fee simple interests in the area with Cowichan Aboriginal title.”

This decision — which has been appealed by the province, the City of Richmond, and a pair of other Indian bands — could have major implications for those landowners in the area as well as for similar land disputes across the country.

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BC Premier David Eby. Photographer: David Kawai/Bloomberg via Getty Images

Dwight Newman, a professor of law at the University of Saskatchewan and author behind the Law for Breakfast Substack, told Blaze News that the full implications are “not yet certain.”

“The ‘Supreme Court’ in B.C. is a confusingly named trial-level court, and the decision is being appealed. If appellate courts maintained the same thing, it would directly mean that some City of Richmond land and some federal land in the city would be owned by the Cowichan,” said Newman. “Indirectly, though, the decision implied that private property within aboriginal title areas was also vulnerable. That has widespread implications in areas where treaties have not resolved land claims, which differs in different parts of Canada.”

While the Cowichan plaintiffs successfully sought a declaration that the land ownership titles held by Canada, the city, and the Vancouver Fraser Port Authority were invalid, they did not seek the same declaration with respect to privately owned lands.

The Times Colonist reported that the court did, however, indicate that the Crown’s granting of private property ownership rights needs to be resolved through negotiation, litigation, or purchase.

Newman told Blaze News that while the plaintiffs in the case have “tried to give the impression” that they would not evict residents from the disputed territory, “if the law from this decision were maintained, it would be possible for them to pursue a claim against private residents too. Private residents might have some different defenses, but we don’t know how that plays out.”

When asked what could change for non-Indian homeowners on the affected parcel of land, Newman said, “The fact I can’t give you an answer with any certainty is maybe the most concerning part. This could all play out in various ways.”

“That’s an uncomfortable situation for non-indigenous homeowners,” continued Newman. “The judge doesn’t seem to have fully considered the panic her judgment would cause.”

Richmond Mayor Malcolm Brodie noted in a recent letter to homeowners in the area that the decision “could negatively affect the title” of their properties — echoing the judge’s statement that “a declaration of Aboriginal title may give rise to some uncertainty for the fee simple title holders and it may have consequences for their interests in land.”

Referring to the map contained within the B.C. court’s ruling highlighting the Indian band’s territorial claim, Brodie wrote, “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 — this was mandated without any prior notice to the landowners. The entire area outlined in green is claimed on appeal by the Cowichan First Nations.”

“I believe it is one of the most consequential rulings in the history of the country,” the mayor told CTV News on Sunday, adding that it potentially “undermines the entire land system that we have in this province, and for much of the country itself.”

Brodie noted further that the homeowners in the area are “just starting to wake up to what is going on.”

Blaze News has reached out to the Cowichan Tribes and to Brodie’s office for comment.

John Rustad, leader of the Conservative Party of B.C., asked the province’s leftist premier, David Eby, in an Oct. 19 letter to “immediately pause all negotiations between the Province of British Columbia and First Nations until the Supreme Court of Canada has provided clarity.”

Rustad emphasized that continuing negotiations, especially in the absence of clarity about the property rights of landowners in the affected area, “risks compounding the harm and further deepening public division.”

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