Cowichan ruling is not a threat to your property rights

The B.C. Cowichan land title case does not endanger property rights. It’s a necessary move toward fair treatment of Indigenous peoples

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A recent B.C. Supreme Court ruling regarding Indigenous land claims has caused a significant level of anxiety across Canada, due largely to a letter from the mayor of Richmond, B.C., to his constituents. What are the concerns? Are they justified? What does the future hold?

In his letter, Mayor Malcolm Brodie stated, “Please take note that the recent B.C. Supreme Court decision of Cowichan Tribes v. Canada … made some very important decisions that could negatively affect the title to your property.”

The case centred on whether the Cowichan Tribes and their partners could proceed with a claim for Aboriginal title over lands in the Richmond area, despite the land being privately held and developed. The court ruled that the claim could move forward, meaning a future trial could determine whether Aboriginal title might still apply to developed, privately owned land.

As a homeowner in British Columbia, I have no fear whatsoever that the title to my property will be negatively affected. I welcome the decision and see it as an important step in Canada’s reconciliation process.

The ambiguity surrounding land claims in British Columbia dates back to colonial times. University of Northern B.C. professor Daniel Sims notes that while the Colony of Vancouver Island signed a few treaties in the 1850s, the Colony of British Columbia never did. As a result, Aboriginal title has never been resolved across most of the province. This legal reality has been acknowledged since at least 1850.

Aboriginal title is a legal recognition that Indigenous Peoples have land rights based on their long-standing occupation and use of traditional territories. It is not based on deeds or purchases under Canadian property law, but on continuous use and stewardship of the land.

Archaeological evidence shows the Lheidli T’enneh have lived in what is now Prince George, B.C., for at least 9,000 years. The land where my house stands was once part of the Fort George Indian Reserve. In 1911, the Indian Act was revised to allow railways to take lands from Indigenous communities, including entire reserves. That is precisely what happened when the Grand Trunk Pacific Railway decided to build a townsite at the confluence of the Nechako and Fraser rivers.

Many would argue this forced displacement could be viewed as falling within what some scholars describe as ethnic cleansing, depending on how the term is applied. The Oxford Public International Law database defines ethnic cleansing as “various policies or practices aimed at the creation of an ethnically homogenous geographic area through the displacement of an ethnic group from that particular area.” Even B.C. Conservative Leader John Rustad acknowledged in an interview that “they (the Lheidli T’enneh) were forced out of that community and relocated to a community further upriver.”

Stoking fears about land title loss reflects a colonial mindset that ignores the historical reality of how Indigenous lands were taken in the first place.

To understand the mindset of Indigenous leaders, we need to listen. In a recent video produced by Tourism Prince George, Lheidli Elder Darlene McIntosh states, “We … invite our guests to come to our unceded ancestral territory to now honour our people.”

“Unceded” means the land was never legally surrendered or sold to the Crown through treaty or agreement. This situation applies to most of British Columbia. As a result, legal uncertainty remains unresolved in many areas.

The truth is, we do not yet know the full implications of Cowichan Tribes v. Canada. But the steps we have already taken, from land acknowledgements to public education, have been constructive. This decision is part of that journey.

When I share my own land acknowledgement, I recognize the long history of the Lheidli T’enneh, the wrongs done to them, and how grateful I am to live where I do. Cowichan Tribes v. Canada gives us a chance to continue the reconciliation process, and any price paid to heal those wounds and build a better future is worth the investment.

Gerry Chidiac specializes in languages and genocide studies and works with at-risk students. He received an award from the Vancouver Holocaust Education Centre for excellence in teaching about the Holocaust.