a year after cowichan land title decision, parties are readying their appeals
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the court ruling that granted the cowichan tribes aboriginal title to a swath of southeast richmond is a year old and first nations, businesses and the province are all gearing up for an appeals process that could take years.
the cowichan decision, handed down by justice barbara young on aug. 7, 2025, gives cowichan ownership of roughly half of the 7½ square kilometres they had sought — the site of an old summer fishing village that was parcelled up and sold off by colonial authorities without consulting the nation.
while the cowichan say they do not want to go after anyone’s private property, the justice ruled municipal and federal title was invalid and that the governments had 18 months to carry out the transition to cowichan title.
all three levels of government, as well as private company montrose properties and the musqueam and tsawwassen first nations, are appealing the decision. the cowichan are also appealing, seeking to get more of the land it claims a historical right to.
here are three things you need to know about how the process is going one year in:
what is the status of appeals?
earlier this year, montrose properties, which owns warehouses and a coca-cola bottling plant in the affected area, sought to have the cowichan decision reopened and to be added as a defendant. they said the ruling has affected its holdings in the area, leading to a deal being put on hold.
in june, young rejected montrose’s request, ruling the company had the opportunity to join the case earlier but chose not to.
david rosenberg, lawyer for the cowichan tribes, says the next step is for the parties seeking to have the decision suspended submit their arguments.
rosenberg said he expects this process to carry through the fall and into the new year as the province will want to get the decision suspended before the 18 months are up for negotiations with the cowichan on feb. 7, 2027.
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only then will full appeal submissions be filed to the b.c. court of appeals.
“right now, from the perspective of the cowichan, we’re awaiting the announced applications for a stay of proceedings that have been announced by british columbia, and i believe the city of richmond’s also announced that they would be seeking a stay in proceedings,” said rosenberg.
“so far, the cowichan have been tremendously patient and respectful, and given certain assurances to private property owners in the cowichan title area, that they are not seeking to take any steps that would interfere with the private property interests of those individuals while these appeals are underway.”
how are negotiations going?
both the province and the cowichan have been tight-lipped about their negotiations, but rosenberg did say the two sides are meeting regularly.
“i don’t think i can discuss publicly what’s going on. i can tell you we have been meeting, and there have been ongoing meetings and discussions, but i can’t really say more than that.”
in a statement, the ministry of the attorney general pointed to a joint statement from the province and the cowichan in march that states neither side is looking to take away private property.
what have been the impacts on property owners so far?
richmond mayor malcolm brodie said he has heard from numerous residents who are concerned about the impact the cowichan decision will have on their properties, from the value of their homes to their ability to sell.
however, he said he doesn’t have any concrete examples of homeowners being impacted.
“i cannot give you anything more tangible other than montrose and that’s been well discussed. they claim that there’s been a very significant impact on their business, both in the present tense and for the future,” said brodie.
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“others have talked about it and have worried about it, and logically, if you were going to buy a property, you would think long and hard before you would buy a property in the area that has been designated.”
attorney general niki sharma said in a statement that private property rights are “non-negotiable” and her ministry said that sale procedures have not changed.
the ministry said it has not heard from any homeowners affected by the decision but has reached out to those in the claim area to let them know they should reach out if they have any problems.
“the province will continue to argue in the appeal that the interests of private landowners must be considered by the court,” said sharma.
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