Cowichan Decision: Who Really Owns The Land?

A B.C. court recently ruled in Cowichan Tribes v Canada (2025 BCSC 1490) that the Cowichan Nation legally owns a piece of land in Richmond—even though parts of it had long been sold to others. This decision recognizes the Nation’s historic rights and could reshape property law and the rights of Indigenous Peoples in Canada.

What’s Happening  

The court found that the Cowichan Nation, who have lived by the Fraser River for centuries, have “Aboriginal title” to their former village site known as Tl’uqtinus on Lulu Island. This means they are the true legal owners, even over some areas that were given away or sold by governments in the past. The Crown (the government) did not properly get consent from the Nation before making those land grants, so those sales are now considered legally invalid—though the government and the Cowichan Nation have 18 months to work out what happens next.

Why It Matters  

For the first time, Canadian courts have said Indigenous land rights go above privately granted property rights in an urban, highly developed setting. This means governments can’t just sell or give away Indigenous land and ignore the people who’ve always claimed it. The decision also means that if the government didn’t follow its own rules about Indigenous land in the past, that mistake can be corrected now—even if private parties currently hold the title.

Broader Implications  

This ruling is historic. It could affect how land disputes are handled not just in B.C., but in other provinces too. Personal property rights are very important in Canada, but so is the constitutional recognition of Indigenous rights. The court decision has made clear that “ownership” is complicated and sometimes older Indigenous rights can override more recent land deals. Coverage and opinion pieces stress that these issues have been building for more than a century, with repeated government denials of Indigenous title forcing Nations through lengthy and expensive legal battles.  

What’s Next  

The decision is being appealed, so it may be reviewed by higher courts. For now, the Cowichan Nation and governments must negotiate how Aboriginal title will work alongside existing uses. Other Indigenous Nations may follow suit by bringing their own land cases. This is also a chance for Canadians to have a more open conversation about reconciliation, fairness, and how we live together on land that has been fought over for generations.

This case is a signpost: Canadian law is finally catching up to promises and rights that have been ignored for too long.

Disclaimer: These posts are for informational purposes only and do not constitute legal advice. If you have legal questions about your specific situation, get in touch with our office or another lawyer you trust.