'upset in the extreme': richmond to hold public meeting for homeowners affected by cowichan nation land title decision
3 minute read
richmond mayor malcolm brodie said the public doesn't have enough information about how the ruling might affect them.
jason payne
/
png
richmond mayor malcolm brodie has sent a letter to residents affected by a recent b.c. supreme court decision regarding cowichan nation land title, warning that their property ownership could be compromised.
brodie’s letter announced that a public information session will be held at richmond city hall on oct. 28 to discuss the implications of the decision, which granted the cowichan nation title to large swaths of southeast richmond, as well as fishing rights in the fraser river.
the letter — which was sent to 150 property owners, according to city hall — included a draft map outlining the areas affected by the ruling, and a second area not included in the ruling but under appeal by cowichan first nations.
“hundreds of people had no idea that there was any kind of case in court, and they had no idea that people were arguing about whether aboriginal title affected their property,” brodie told postmedia.
brodie said the public doesn’t have enough information about how the ruling might affect them.
a letter from richmond mayor malcolm brodie to residents in an area where title has been claimed by the cowichan tribes included a map showing affected properties.
city of richmond
the aug. 7 decision confirmed aboriginal title over fee-simple lands, or lands that are privately owned. the decision is a first in canada, and could set a precedent for court challenges to other privately owned lands, said brodie.
advertisement
premier david eby told reporters monday that he shared brodie’s concerns and that “clarity and resolution is urgently needed.”
“it’s a big deal,” he said.
eby acknowledged that the court decision has created uncertainty for homeowners and businesses in the area, and that the province is working closely with the city on a court appeal.
“certainty around private property rights in the province — your home, your business, — is crucial for our province’s success.”
b.c. conservative leader john rustad has said the matter should be referred immediately to the nation’s highest court, the supreme court of canada. over the weekend, he issued a public letter demanding eby “immediately pause all negotiations between the province of british columbia and first nations until the supreme court of canada has provided clarity.”
in her august ruling, justice barbara young wrote that the crown’s grants of fee-simple (private land) did not extinguish cowichan aboriginal title, and constituted “unjustifiable infringements of cowichan aboriginal title.”
young declared all properties in the area held by federal government entities and the city of richmond “defective and invalid,” and said governments had an obligation “to negotiate in good faith toward reconciliation of canada’s fee-simple interests in the area with cowichan aboriginal title.”
advertisement
on sunday, richmond city councillor and former b.c. attorney general kash heed told postmedia that brodie’s letter is premature.
“justice barbara young absolutely erred in her decision, and i strongly believe the appeal court will overturn the decision,” said heed. “what i don’t want is to see us inflaming the public when the process is before the courts.”
heed said the letter is misleading, as it highlights in certain areas that were in the original claim, but not included in young’s rulings.
the letter sent to residents includes a draft map outlining the areas affected by the ruling, and a second area not included in the ruling but under appeal by cowichan first nations.
city of richmond
brodie said the information meeting is necessary because the ruling poses serious issues for those looking to buy or sell in the region.
“this is the biggest investment many people have in their lives,” he said. “if you are a purchaser of property, you are not going to buy one of these properties because now you have notice of aboriginal title. you can’t say you were surprised if you buy a property expecting a fee-simple title.
“it could have a very significant effect on sales,” said brodie, who added that residents are “upset in the extreme.”
brodie said the issue goes beyond richmond because it sets a precedent where aboriginal title could supersede private property rights.
“it could affect the rest of the province, and it could affect the rest of the country.”
advertisement
the musqueam and tsawwassen first nations, the federal and provincial governments, the city of richmond and the vancouver fraser port authority all opposed the cowichan nation’s claim during the 513-day trial.
the city of richmond has filed an appeal of the decision, saying it compromises b.c.’s land-title system. on sept. 5, the musqueam band, which had opposed cowichan title rights, filed an appeal, citing their own claims to the fishing rights.
the provincial government has signalled its strong disagreement with the decision, previously stating, “this ruling could have significant unintended consequences for fee-simple private property rights in b.c. that must be reconsidered by a higher court.”
brodie’s letter was delivered to property owners in the affected areas by hand due to the canada post labour dispute, according to a spokesperson for the mayor’s office.
with files from postmedia and canadian press
share story
