About 45 private owners have property within an 800-acre swath of land over which the B.C. Supreme Court recently granted the Cowichan Tribes Aboriginal title. According to the province, about 100 more could be impacted by an appeal by the First Nations over an additional 1,000 acres. Most of the property owners only found out about the competing title when they received a letter from the City of Richmond after the decision came down. “This was backdoor dealing. And we’re just vehemently opposed to the process,” said Gord Maichin, who owns a 20-acre farm in the area impacted by the court decision. “We should have been there at the table with the rest of the federal government and provincial government.” With every party to the original lawsuit appealing, it could take years for the case to make its way to the Supreme Court of Canada. In the meantime, there is uncertainty over land values – and property owners’ ability to sell, refinance or even obtain insurance. “Our phones have been ringing,” said Adam Wachtel, a Richmond Realtor. “Clients who are not directly in the affected area are wondering about their values, how this affects them. So, in general it’s a larger concern, for sure.” City Coun. Alexa Loo held a Friday morning news conference at Country Meadows Golf Course, which is located within the area over which the court awarded the Cowichan Tribes title. She wants the provincial and federal governments to negotiate with the First Nations in search of a settlement to bring an end to the uncertainty. Loo is also calling on the province to create a way for concerned property owners to cash out without risking their equity. “I want measures to be put in place that will backstop the Richmond landowners,” Loo said. “So, if a landowner needs to sell, they can sell maybe into a land trust and at a fair market value. Maybe their last assessed value or something like that.” The Ministry of the Attorney General did not directly address questions about the measures Loo is calling for. In an emailed statement, it said it is taking an approach that focuses on protecting the rights of private land owners. “The province met with Cowichan Nation leadership at the First Nations Leadership Gathering and those discussions will continue,” the ministry said. “This case is a reminder of why we believe negotiation, where we can protect private property, is better than litigation that can lead to uncertain situations like this one.”
