BC Government Reaches Out to Richmond Residents Potentially Affected by Cowichan Land Title Ruling

The provincial government is contacting landowners in Richmond, B.C., whose properties may be impacted by the recent decision that awarded aboriginal title to Cowichan Nation for approximately 750 acres of land.

BC Conservative MLA for Richmond-Queensborough Steve Kooner shared a flyer Nov. 9 on social media that he said is being circulated by the B.C. premier’s office to local residents to provide contact information for anyone with concerns about their property or mortgages in the wake of the Cowichan ruling.

The letter posted by Kooner is from a “community contact” with the B.C. premier’s office identified as Kristine, who says she will be available throughout November to answer any questions or concerns about the Cowichan ruling.

“My role is to work directly with Richmond residents and small businesses potentially affected by the recent Cowichan land title decision,” the flyer reads, adding that support is available to “listen to your experiences—including any impacts on mortgages refinancing, property sales, or permits.”

The flyer adds that it will keep residents updated “as the province moves forward on next steps” and connect landowners with the right contacts within the provincial government to address their specific situations.

The B.C. premier’s office did not respond to a request for comment or to validate the authenticity of the flyer by time of publication. Kooner was also not available for comment as of publication time.

Cowichan Nation was granted aboriginal title on Aug. 7 to roughly 750 acres of mostly federal land that includes 44 lots of private property, raising worries among some residents about the future of their fee-simple titles.

Cowichan did not lay any claim to the 44 lots of private property on the land granted to them, and would require new litigation to attempt to do so. Some property owners and members of the province’s realty industry have raised concerns about private property being rights in the province being impacted by the decision.

Kooner said in a Nov. 9 X post that the province should be doing more to keep land owners informed.

“Despite Premier David Eby and Attorney General Niki Sharma offering conflicting excuses for failing to inform homeowners, local residents deserved the basic decency of being notified immediately,” Kooner said. “The NDP government had every opportunity to be transparent and fair but chose silence instead — leaving private property owners blindsided by a decision that will affect their homes and livelihoods.”

Eby previously said the province was told the case would not affect private landowners, who consequently were not notified to submit their input in the litigation that commenced in 2019.

“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,” Eby said Nov. 3. “Unfortunately, that obviously turned out not to be the case.”

“One of the pieces of information that we’re seeking to gather is from property owners in the area, if they’re running into impacts that are related to financing or other related issues,” he added.

The province and federal government are both appealing the Cowichan decision. Sharma has said that aboriginal and fee-simple titles “cannot co-exist” in their full form.

The province is not the only level of government circulating information to residents. Approximately 150 letters were sent out to Richmond property owners by Mayor Malcolm Brodie last month, saying the “validity” of their property title might be at risk as a result of the ruling.

Hundreds of local residents showed up to an Oct. 28 meeting with city officials asking for answers about the future status of their property. They also expressed concern about having their mortgages renewed.

Cowichan Nation issued a press release Oct. 27 saying it is respectful of private landowners and accused the B.C. government of spreading misinformation.

“To be clear, the Quw’utsun Nation’s court case regarding their settlement lands at Tl’uqtinus in Richmond has not and does not challenge the effectiveness or validity of any title held by individual private landowners. The ruling does not erase private property,” the release reads. “Richmond and British Columbia’s negative and erroneous messaging is provoking unnecessary fears.”