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Global News Hour at 6 BC

Cowichan court ruling raises property rights worries

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Global News Hour at 6 BC: Oct. 22

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A letter from the City of Richmond sent to a group of 150 property owners is raising alarm bells in the city.

The notice follows a groundbreaking B.C. Supreme Court decisions on a First Nations land claim.

The ruling gives the Cowichan Nation title to 7.5 square kilometres of land in South Richmond, including city and port lands, farms, golf courses and commercial properties.

Richmond Mayor Malcolm Brodie is now warning property owners that the case could compromise the validity of their ownership and he has invited them to an information session later this month.

The Musqueam Indian Band has also joined the City of Richmond and the B.C. government in appealing the case.

“So the question is … will anybody want to ever buy a property that is affected?” Brodie said.

B.C. Conservative Leader John Rustad is calling on the federal government to refer the land claim ruling to the country’s highest court.

“There isn’t an area in the province that isn’t going to be potentially impacted by the decision that is coming from this court case,” Rustad said.

One of the property owners who received the letter told Global News he is shocked this could happen.

“We don’t want to be moving anywhere,” Bal Batth said. “We don’t want to be giving up this property and have no intentions of selling this property.”

A statement sent by the office of Attorney General Niki Sharma reads in part, “Our government is committed to protecting and upholding private property rights, while advancing the critical work of reconciliation. This will always be our approach.

“To resolve outstanding questions, this ruling must be considered by a higher court.”

The Quw’utsun Nation, Cowichan Tribes, along with the Stz’uminus First Nation, Penelakut Tribe, Halalt First Nation and all other descendants of the Cowichan Nation, launched legal action in 2019 to recover their government-held lands near the mouth of the Fraser River, known as the traditional village of Tl’uqtinus.

They also sought a declaration of an Aboriginal right to fish the south arm of the Fraser River for food.

Today, land in the claim area is owned by the federal Crown, the B.C. government, the Vancouver Fraser Port Authority, the City of Richmond and private third parties.

When asked about the issue at a press conference on Monday, B.C. Premier David Eby said he is calling for a quick resolution.

“Certainly around private property rights, your home, your business, is crucial,” he said. “Just like partnerships with First Nations are crucial.”

Global News reached out to the Cowichan Tribes but was told the chiefs were unavailable for comment.

Richmond Mayor Malcolm Brodie penned a letter to landowners this week in response to a controversial court decision, expressing concern about how it might affect private property

“I believe it is one of the most consequential rulings in the history of the country,” Brodie told CTV News Sunday.

“I think potentially that is undermines the entire land system that we have in this province, and for much of the country itself.”

The letter, signed by Brodie, says that the B.C. Supreme Court ruling in the Cowichan Tribes case could “negatively affect” the recipients.

“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 letter continues, before inviting recipients to an information meeting to discuss the “serious implications” of the court ruling.

Brodie believes property owners were not fairly represented during the legal process.

“If you’re going to talk about someone’s land, surely they have the right to be there, to have representation, to speak about it,” said Brodie. “And so, they’re just starting to wake up to what is going on.”

Coun. Kash Heed, who publicly disagreed with the court ruling, says he feels the mayor’s approach will only escalate an already tense situation.

“We don’t want to enflame the controversy going on right now, and I think this will be viewed as enflaming it,” said Heed. “Again, I just want to qualify that by saying I strongly believe the justice erred in the judgment she came up with.”

In August, the court determined the Cowichan Tribes have the right to 7 1/2 square kilometres of land in Richmond, ruling that land titles granted by government were invalid.

The nation had not sought to have the titles of privately held properties declared invalid. But the court said the Crown’s granting of private property ownership rights “unjustifiably infringe” on Cowichan Aboriginal title and needs to be resolved through negotiation, litigation, purchase or the properties would remain under Cowichan title lands.

The City of Richmond has filed a notice of appeal in the case, as has the province.

“This ruling could have significant unintended consequences for fee simple private property rights in B.C. that must be reconsidered by a higher court,” B.C. Attorney general Nike Sharma said in a statement issued soon after the court decision was handed down.

Brodie, meanwhile, is calling on higher levels of government to lead the legal fight.

“To the federal and the provincial government: do your job,” said Brodie.

“Do it assertively and take the position that needs to be taken to protect people and businesses, and investments, that are, you know, totally dependent upon the results of this court case.”

Brodie has announced that he will not seek re-election, and said the Cowichan case will be one of the challenges inherited by whomever succeeds him.

With files from Lisa Steacy and The Canadian Press

On September 9, 2020, Richmond residents experienced an unforgettable and unsettling sight: the sky turned a deep, fiery orange. This phenomenon, which came to be known as "Orange Skies Day," was caused by smoke from the North Complex Fire and over 20 other wildfires burning more than 2 million acres east of the San Francisco Bay Area.

The smoke scattered blue light wavelengths – a phenomenon where smoke particles redirect shorter, high-energy blue light, allowing only warmer colors to reach the Earth's surface – casting an eerie glow over the region.

In Richmond, the orange hue blanketed the city, prompting residents to share photos and videos of the surreal skies on social media. The unusual light persisted throughout the day, leaving many with both a sense of unease and awe. Air quality was deemed hazardous, and officials urged residents, especially those with respiratory conditions, to stay indoors.

The event served as a stark reminder of the growing threat of wildfires in California, exacerbated by climate change. Public officials, including former President Barack Obama and California Governor Gavin Newsom, attributed the event to climate change, emphasizing the need for action to address the crisis.

Five years later, the memory of Orange Skies Day remains vivid for many in Richmond, and the event continues to symbolize the challenges the region faces as it grapples with the increasing frequency and intensity of wildfires.

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