‘Tip of the Iceberg’: BC MLA Says Another First Nation Seeking Land Title Rights in Province

A B.C. MLA is urging the provincial government to provide clarity to residents about the number of indigenous land title lawsuits that have been filed, following another First Nation’s pursuit of land rights in several regions, including the City of Kamloops.

Independent MLA Elenore Sturko said in a statement she has uncovered a 2016 court case filed by the Secwepemc Nation that seeks land rights to several areas, including the City of Kamloops, Sun Peaks Resort, privately owned land, mines, and Crown land, as well as property from several other municipalities, roads and railroads.

The development comes after a B.C. Supreme Court decision that said some lands around Richmond’s Lulu Island rightfully belong to the Cowichan First Nations, a decision that could impact private properties within the recognized area.

“The recent court decision in the case of Cowichan Tribes v. Canada is just the tip of the iceberg when it comes to claims of Aboriginal title in this province,” Sturko said in a Nov. 5 statement. “The government has utterly failed to act in its basic duty to notify British Columbians of litigation that directly impacts their rights.”

She said the legal filings “have the potential to impact entire communities” and the private property rights “of thousands of British Columbians are now in question.” 

The Epoch Times contacted the office of Premier David Eby for comment but did not hear back by publication time.

Eby previously said the court had assured the government it would not make a decision that would impact private homeowners in the disputed areas, but that this “turned out not to be the case.”

“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.”

Justice Barbara Young ruled on Aug. 7 that the Cowichan Nation has rightful aboriginal title to 7.5 square kilometres of land in Richmond, B.C., that had historically been used as a seasonal fishing village. The ruling also said the title was granted away from the Cowichan in an “invalid” manner.

The Cowichan Tribes and the Stz’uminus First Nation, Penelakut Tribe, and Halalt First Nation—supported by the Lyackson First Nation—brought the action against the federal and B.C. governments, the City of Richmond, the Vancouver Fraser Port Authority, the Musqueam Indian Band, and the Tsawwassen First Nation.

Young suspended the declaration of aboriginal title for 18 months to allow for the land transfer to be completed.

The provincial and federal governments have said they will appeal the decision.

Paul Rowan Brian contributed to this report. 

Correction: A previous version of this article misspelled Secwepemc Nation. The Epoch Times regrets the error.