Cowichan court decision could ‘negatively affect’ Richmond, B.C., landowners, mayor says in letter

Richmond City Hall is shown in this undated photo from the city's website (Image credit: richmond.ca)

The mayor of Richmond, B.C., penned a letter to landowners this week in response to the controversial Cowichan Tribes court case, expressing concern about how it might affect private property.

Malcolm Brodie’s letter warns the B.C. Supreme Court ruling granting Aboriginal title to Cowichan Tribes over a portion of land in the city could “negatively affect” the recipients.

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

His letter warns the decision could “compromise the status and validity” of recipients’ ownership, while inviting them to a meeting to discuss the situation.

One of the letters was received by Angela Smith, who owns an investment condominium in the affected area. She hopes to one day retire in the property, and said the court decision left her in “completely shock and disbelief.”

“I’m not retirement age yet, but in five years when I want to, is that even going to be a valid thing? Is this condo going to be a valid retirement for me? I don’t know if it will be,” she said.

Smith said she’s already been advised the potential ramifications of the ruling could make it impossible to sell the property, and she fears losing it outright.

“That that this could be the start of people losing homes that they have paid for and acquired through legal devices, we’re opening a door to complete pandemonium in my opinion,” she said.

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 has publicly disagreed with the court ruling, told CTV News 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.”

He also questioned the wisdom of sending the letter to property owners while appeals are underway. Both the City of Richmond and the B.C. government have filed notices of appeal in the case.

In August, the court determined the Cowichan Tribes have the right to 7.5 square kilometres of land in Richmond, ruling that land titles granted by the government were invalid.

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

On Monday, Premier David Eby said clarity for property owners is needed urgently. “In the appeal, of course, we are arguing to defend those private property rights of those homeowners,” Eby said.

Brodie called on the federal government to join the legal fight as well.  

“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,” he said.

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