The City of Richmond is appealing a recent B.C. Supreme Court decision that granted the Cowichan Tribes Aboriginal title to more than 700 acres of land within the city.
In August, the court ruled the Cowichan Tribes hold Aboriginal title to roughly 732 acres of land in south and east Richmond. The area lies next to the south arm of the Fraser River where the nation historically fished for salmon, but "has been disrupted."
The land in discussion is currently occupied by the City of Richmond, the Crown and several other private properties, including the Country Meadows Golf Course.
Justice Barbara Young said in her ruling that the Cowichan Tribes did not seek to challenge private land titles, but only those owned by the Crown and the city.
In response, the City of Richmond has filed a notice of appeal on the court's decision, adding the Aboriginal title in the case takes "precedence over fee simple ownership."
Fee simple ownership means a property owner has absolute rights to the land and any permanent structures on it, with few restrictions.
“The court’s decision to undermine established fee simple ownership of the properties under the B.C. Land Title Act within the identified area is unprecedented and compromises the entire land title system in British Columbia,” said Mayor Malcolm Brodie.
“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.”
According to the city, the provincial government confirmed it will appeal the decision.
Other defendants named in the case include the federal government, Vancouver Fraser Port Authority, Musqueam Indian Band, and the Tsawwassen First Nation.
With files from the Canadian Press
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