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A year after Cowichan land title decision, parties are readying their appeals

Дата публикации: 13-08-2026 13:00:44

The province is first seeking a stay of the decision, a process that could carry on into the new year

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Richmond Industrial Centre is owned by Montrose Properties.Richmond Industrial Centre is owned by Montrose Properties. Photo by Arlen Redekop /PNG

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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.

Vancouver Sun

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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.

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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.

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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.

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Here are three things you need to know about how the process is going one year in:

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What is the status of appeals?

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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.

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In June, Young rejected Montrose’s request, ruling the company had the opportunity to join the case earlier but chose not to.

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David Rosenberg, lawyer for the Cowichan Tribes, says the next step is for the parties seeking to have the decision suspended submit their arguments.

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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.

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“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.

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“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.”

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How are negotiations going?

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Both the province and the Cowichan have been tight-lipped about their negotiations, but Rosenberg did say the two sides are meeting regularly.

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“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.”

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