Some B.C. appraisers adding land-claims clause after Aboriginal title court case

By Ashley Joannou, The Canadian Press — Published March 12, 2026

The president of the B.C. branch of the Appraisal Institute of Canada says the recent Cowichan Aboriginal title court ruling is contributing to speculation that private property rights could be affected.

An organization representing about 1,200 appraisers in British Columbia says some of its members are adding clauses to their reports noting that current, past, and potential future land claims have not been considered in their valuations.

Appraisal Institute of Canada — B.C. Branch

Allan Beatty, president of the B.C. branch of the Appraisal Institute of Canada, says in a statement that the recent Cowichan Aboriginal title court ruling in B.C. is contributing to speculation that private property rights could be affected.

Beatty says the organization is preparing advice for its members on the appropriate limitation clauses, but discourages the use of “unsubstantiated adjustments that do not reflect the most relevant market data.”

Beatty says up-to-date market data is the most effective way to incorporate all relevant influences on value of a property.

The Cowichan Ruling

In an August 2025 ruling, a B.C. Supreme Court judge confirmed the Cowichan Tribes hold Aboriginal title over about 300 hectares of land on the Fraser River in Richmond, B.C.

The Cowichan Tribes did not seek to have private titles invalidated, but the ruling says it creates precedent that sections of law establishing private fee-simple ownership as indefeasible do not apply to Aboriginal title.

The provincial government and the Cowichan have begun negotiations on the claim even as the original decision is being appealed.

Looking Ahead

“Additional court rulings on this topic are expected to continue to shape markets throughout B.C. and beyond.”

“(The institute) is confident that its members, as the professionals of choice in real estate valuation and consulting, will continue to adapt to the dynamic nature of real property markets and provide appropriate advice to all stakeholders.”

Provincial Response

B.C.’s Minister of Indigenous Relations Spencer Chandra Herbert said Thursday that the government’s position is that it is not negotiating private property unless there’s a willing seller and a willing buyer.

“I think nations actually have been quite vocal recently to be clear that they’re not coming after people’s private property, that’s not their intention, and that we all have to live here together.”

“Certainly they don’t want to do to people what was done to them, where they were evicted from villages, had villages burned down and things like that.”

B.C. Conservative MLA Scott McInnes said there needs to be clarity.

“We need a path forward here for private property in this province, because people are scared.”

— With files from Wolfgang Depner in Victoria

This report by The Canadian Press was first published March 12, 2026.

Aboriginal Title Agreements Threaten Property Rights Across Metro Vancouver

By Niels Veldhuis, President, Fraser Institute & Jason Clemens, Executive Vice President, Fraser Institute

B.C. Business Examiner

March 3, 2025

Aboriginal Title Agreements Threaten Property Rights Across Metro Vancouver

Premier David Eby’s quiet push to effectively grant Aboriginal title over large swaths of British Columbia, coupled with a landmark B.C. Supreme Court decision in 2025 granting Aboriginal title to the Cowichan Tribe over land around Richmond (a suburb of Vancouver), has significantly increased public anxiety in the province. And if property owners in Vancouver, and indeed the entire province, weren’t yet in a state of panic over the threats to their property, recent agreements between the Carney government and the Musqueam Indian Band might be the final straw on the proverbial camel’s back.

On Friday, Feb. 20, the federal government quietly issued a news release with the headline: “Musqueam and Canada Sign Historic Agreements Recognizing Rights, Stewardship, and Fisheries.”

What the Musqueam Claim as Their Territory

For context, it’s important to understand exactly what the Musqueam claim as their territory. According to the Musqueam website, “Today, portions of Musqueam’s territory are called Vancouver, Burnaby, Richmond, New Westminster, Delta, North Vancouver, West Vancouver, Surrey, UBC Endowment Lands, YVR Airport and Coquitlam.” In other words, nearly every square inch of Metro Vancouver. And according to the Musqueam, it holds “Aboriginal title to our land, and Aboriginal rights within that territory occupied.”

And now apparently our own federal government—without consultation, transparency, a vote by the public or any publicity—has agreed with, and essentially granted, the Musqueam’s claims.

Of the three “Historic Agreements,” the most worrying for Vancouverites should be the Rights Recognition Agreement, which, according to the government’s news release, “recognizes that Musqueam has Aboriginal rights, including title, within their traditional territory and establishes a framework for incremental implementation of rights.”

Don’t worry, Vancouverites, your property rights won’t be eroded in a single stroke. They will be eroded through “incremental implementation.” The federal government won’t use a bulldozer to level your property rights—it will use a sledgehammer repeatedly over time.

Out of Touch with Reality

Ottawa, of course, doesn’t see it that way. It claims the agreements “represent a major step forward towards reconciliation.” How out of touch are our politicians that they can’t see that this type of “reconciliation” has the potential to be a disaster for our province?

At best, it will create uncertainty for years, perhaps decades. And uncertainty is detrimental to private-sector business investment, which is essential to improve productivity and living standards. What company or entrepreneur would invest in a province that does not guarantee property rights?

According to the vast majority of scholars who study why some places prosper while others stagnate or fail, private property is a necessary condition for prosperity. Only countries with private property can flourish. In fact, the 2024 Nobel Prize in Economics was awarded to three economists who conducted empirical research on the institutions that shape prosperity, and found that property rights are essential.

And it’s quite possible, even likely, that as people realize their property is under threat, the laudable goal of reconciliation will become more difficult to achieve. Of course, you’d never get that impression reading the more than half-dozen quotes in the news release from ministers of the federal government.

The Government’s Own Words

For example, the Honourable Rebecca Alty, Minister of Crown-Indigenous Relations Canada, notes that “Our government was elected to meet a generational challenge: to strengthen Canada’s economy and deliver results… Reconciliation is not just words, but action—where Musqueam and Canada are working to incrementally implement Musqueam’s Aboriginal rights within their territory.”

The Honourable Steven MacKinnon, leader of the government in the House of Commons, added that: “Today’s announcement marks a meaningful step forward in reconciliation with Indigenous Peoples and in recognizing their historic contributions to the economic development of the region and of Canada.”

Prosperity and stability cannot exist without the bedrock of clear predictable property rights. Unfortunately, the federal government has joined the provincial government and the courts to undermine and indeed threaten property rights in B.C.

Niels Veldhuis is President of the Fraser Institute and Jason Clemens is Executive Vice President. Originally published in the B.C. Business Examiner , March 3, 2025.

March 2026 – Market Update – Salt Spring Island

March, 2026

Spring Arrives

Salt Spring Island

It’s March…and meteorological Spring starts on March 1st. Will it come in like a lion and go out like a lamb…or vice versa?

March can deliver bursts of winter, can enjoy soft spring, can showcase budding trees amid orchards, and begin the welcome rhythm of early Spring. Every day is seconds longer and with Daylight Saving Time arriving on March 8th, the great Pacific Northwest Coast will be enjoying later sunsets.

March Break & the Gulf Islands

Salt Spring Island

March Break in B.C. falls between the 16th and the 27th. Time to seek out a retreat experience? Salt Spring and the Gulf Islands offer the discovery of the natural world. Savour the trails and parks, walking/hiking pleasures, try ocean kayaking, enjoy the gallery openings, discover the artistic heart of the islands.

Alternative health options will soothe and regenerate…take part as we peel off winter’s cocooning. Hastings House reopens on March 19th. Time to appreciate the beauty of this graceful opportunity…the best of country hotel lifestyle. Breathe.

Market Reality

Salt Spring Island

The real estate market on Salt Spring and the Gulf Islands continues to follow the path of low inventory, relatively stable pricing, and no local market. Time lags remain a part of all sales. First, a potential buyer has to discover a marketing piece on a Gulf Island and be attracted by it. Then they research each of the islands, visit one, may or may not view properties, then will mull over impressions. If they reacted positively on that first discovery visit, they will return to view available options. It usually takes a third visit to clarify interest and also pricing…then the offer process begins.

Salt Spring Island

For several years, most buyers of Gulf Islands properties have come from Vancouver/Lower Mainland areas, and for the most part they need to sell to buy and are seeking a rural lifestyle opportunity. They are looking to be self-sufficient. A flight from urban to rural works well with that internet opportunity to work from anywhere. Ease of communication allows choice.

An Era of Profound Change

In an era of continuing profound change (impact of AI, global concerns, serious political upheavals), resulting in a time of hesitation in action, it’s difficult at this very beginning of March to suggest a developing trend. It may take until late April to understand the tone of the 2026 marketplace. Patience, resilience, opting for new over established, might be a plan. Important to listen and to practice periphery vision. In change, lies opportunity.

The Salt Spring Advantage

Salt Spring Island

It’s interesting that Salt Spring enjoys service from three ferry terminals…that it has easy proximity to Vancouver Island…that it’s possible to benefit from a year-round lifestyle (whether January or July), that one is able to be a part of an energizing community and can also commute to be elsewhere…there is a lot of choice in how one lives (as long as one remembers the Islands Trust form of governance. “To preserve and protect….” was put in place in 1974. The Trust information is online and one needs to read it before buying a property. The Trust applies to all Gulf Islands).

As we ease into Spring, keep informed…many shifts have been forecast for this 2026 year. Stay tuned might be the mantra?

Meantime, it’s March. Smile.

B.C. Government Continues to Fundamentally Change Control of Property

From the Fraser Institute

By Jason Clemens and Tegan Hill

February 2026

B.C. Government Continues to Fundamentally Change Control of Property

The Quiet Erosion of Property Rights

While the Cowichan court decision, and to a lesser extent the more recent mineral rights court decision, have dominated discussions on how property rights are being eroded in British Columbia, the Eby government quietly signed yet another land-use agreement with an Indigenous group on Vancouver Island that fundamentally changes property rights and decision-making in the area.

As the premier himself has recognized, the erosion and uncertainty of private property in the province is imposing huge costs on average British Columbians, and will continue to do so until the government shows genuine leadership and provides clarity on this issue. The premier and his government cannot simultaneously oppose the recent court decisions while negotiating bilateral agreements with Indigenous groups that effectively have similar results as the court cases.

The Cowichan Decision: A Turning Point

The stability of private property in the form of fee simple ownership, which is what most homeowners and businesses maintain, was called into question in a 2025 court case recognizing the Cowichan Tribe’s Aboriginal title over 800 acres of Crown and private land in Richmond, a suburb of Vancouver. The judge found that where Aboriginal title is deemed to exist, it is “prior and senior” to fee simple property rights.

This has thrown the status of more than 150 private property owners into turmoil and forced the provincial government to establish a $150 million-plus fund to support loan guarantees and other measures as property owners struggle with uncertain property rights, in some cases an inability to renew mortgages and the potential for real declines in their property value.

Premier Eby heavily criticized the decision and indicated his government would support the appeal of the Cowichan case on several fronts, even though the government did not contest the case originally. Premier Eby also promised to enact changes to the legislation involved in the mineral rights case — legislation which he helped enact.

DRIPA and the Legislative Framework

The B.C. Court of Appeals recently found the province’s reformed mineral claims system violated its own law. In 2019, the B.C. legislature unanimously passed DRIPA, the Declaration on the Rights of Indigenous Peoples Act, which requires the province to “bring provincial laws into alignment with the UN Declaration.”

The UN’s Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007, states that Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired — including the right to own, use, develop and control these lands, as well as the right to redress through either restitution or just, fair and equitable compensation.

Moreover, DRIPA requires the provincial government to develop and implement an action plan, in consultation and co-operation with Indigenous Peoples, to meet the goals of the UN Declaration. B.C. is the only province to adopt such a law requiring provincial laws to align with the UN Declaration.

Premier Eby was not only part of the cabinet that supported and passed DRIPA but was the attorney general who provided the clarifications on the implementation guidelines for the Act. While the Premier stated the government will amend DRIPA to scale back the power courts have, he hasn’t reversed his support for the mandate that DRIPA provides to the government to recognize Aboriginal title and provide management rights to Indigenous groups that erode private property in the province.

Bilateral Agreements: The Growing Patchwork

Consider the various bilateral agreements the Eby government has concluded with Indigenous groups across the province:

Haida Gwaii

Title and control of the Queen Charlotte Islands (now Haida Gwaii) transferred to the Haida Council — the most sweeping change to date.

shíshálh Nation — Sunshine Coast

Title over 100 hectares of Crown land, acquisition of private land, and management power over water access and docks in the Sunshine Coast region.

Squamish Nation

33 Indigenous cultural sites north of Vancouver now off limits for development. The Nation also has the ability to close provincial parks for non-Aboriginal use.

T?ilhqot’in Nation — Fish Lake

Power to veto mining projects in the Fish Lake (Te?tan Biny) area.

Latest: ‘Na?mg?is First Nation — Nimpkish Valley

The province announced an agreement to co-manage approximately 166,000 hectares of land (roughly 11 times the size of the City of Vancouver) in the Nimpkish Valley in the northern region of Vancouver Island. The agreement covers a wide range of land use issues, including control over forestry.

Economic Implications

These bilateral agreements are largely being negotiated covertly, without much public scrutiny, if any at all. Most British Columbians are not aware of their far-reaching and long-lasting consequences.

These agreements will continue to impose enormous uncertainty in the province, which affects business investment, discourages entrepreneurship and generally depresses economic growth.

At a time when the province is struggling with anemic economic growth, a near crisis in government finances, people voting with their feet and leaving the province, and a continued lack of private-sector investment, clarity and certainty regarding property is needed immediately as one step in reversing the province’s decline.

This report is intended for informational purposes and does not constitute legal or financial advice.

Independent Contractors and Businesses Association (ICBA) – Market Commentary

Market Commentary – By Chris Gardner, President & CEO

Independent Contractors and Businesses Association (ICBA)

Imagine your bank calls to say they’re pulling your mortgage – not because you missed payments, not because your credit tanked, but because a judge just declared that someone else has rights to your house. And, in a trial you didn’t even know was happening.

That’s what happened to a Richmond company last August, and on February 11 they’re heading to court to ask a judge for something that should have happened as soon as the trial started: permission to defend their own property and protect their investment.

Montrose Industries: 40 Years of Investment

Montrose Industries has owned and operated 193 hectares in Richmond for more than 40 years – warehouses leased to Coca-Cola, Wayfair, and Canadian Tire, plus a former landfill that is being remediated at a cost of $30 million. They’ve invested $300 million in buildings, infrastructure, and environmental systems. They carry $200 million in mortgages from lenders who require clear, defensible title registered with the Land Title Office.

193

Hectares Owned

40+

Years Operating

$300M

Total Investment

$200M

In Mortgages

Last August, a BC Supreme Court judge declared Aboriginal title over much of Montrose’s land. Montrose wasn’t a party to the case. They received no notice during a trial that involved 98 lawyers and lasted 11 years and had no opportunity to present evidence or protect their interests.

The Fallout Was Swift

According to the company’s court filing, the fallout was immediate. Their lender pulled a $35 million construction loan, and a prospective tenant pulled out. A proposed renewable natural gas project evaporated. And the Cowichan lawyer publicly stated that any future sales would require “consent of the Cowichan Nation.”

This isn’t about Aboriginal rights or reconciliation. This is about whether private property owners get a say before courts fundamentally alter their property rights.

Co-Ownership With No Instructions

The judge found that Montrose and Cowichan Tribes hold overlapping title. But overlapping how? The ruling says neither party can exercise their title “in its fullest form,” but provides zero practical guidance on what that means. Can Montrose continue construction? Lease to new tenants? Maintain the integrated landfill? Renew environmental permits?

The decision creates questions, not answers. Worse, as many as 37 provincial statutes – from the Land Title Act to the Environmental Management Act to Workers Compensation – may no longer apply as they once did. Montrose doesn’t know which laws govern their operations anymore.

How Did This Happen?

In 2017, the Attorney General of Canada asked the court to give notice to private landowners. Justice Power declined, though she noted parties could provide informal notice if they chose. No one did. The claim was amended six times during trial, including adding “unjustified infringement” arguments that directly threatened private property interests. Still no notice to the farmers, businesses and homeowners in the area claimed by the Cowichan Tribes.

Now, long after the fact, Montrose must go to court, just to ask to be added as a party to make limited submissions before the final order: Is it appropriate to declare title over lands where the owner wasn’t involved? Which laws still apply? What does co-ownership mean when neither party can exercise full title?

A Better Path Forward

On December 11, 2025, the New Brunswick Court of Appeal set aside an Aboriginal title declaration over private lands, holding that courts lack jurisdiction without private owners as parties. The decision emphasized that owners must be heard before their rights are altered, and favoured compensation over dispossession. That’s the minimum standard B.C. should follow.

British Columbia’s land title system is built on indefeasibility – registered owners can rely on their title. Lenders, investors, and businesses depend on it. When courts can radically alter property rights without notice to owners, that system collapses.

Investment doesn’t flow to jurisdictions where property rights are uncertain and no one knows who owns the land. Projects don’t get financed, and jobs don’t get created.

Every Property Owner Should Be Asking

This isn’t just about one company in Richmond. If courts can do this to a major industrial landowner that has operated lawfully for four decades, they can do it to anyone. Business owners, farmers, ranchers, and homeowners: it’s time to be paying attention.

Real reconciliation requires certainty for all parties, not chaos. It requires transparent processes where everyone affected has standing to participate. It requires recognizing that private property owners aren’t obstacles to reconciliation – they’re stakeholders who need to be at the table.

The February 11 hearing is Montrose’s opportunity to be heard on matters that directly affect their property. The judge should grant their application and ensure this case is decided with all parties present – the way our legal system is supposed to work.

In the end, our entire economy is based on a simple but fundamental proposition – knowing who owns the land and who has the right to decide how the land is used.

Chris Gardner is President and CEO of the Independent Contractors and Businesses Association (ICBA), Canada’s largest construction association.

February 2026, Market Analysis

February 2026

Here Comes February

So, here comes February. A short month, with hearts and flowers (yes, it’s romantic Valentine’s Day), and also the annual Family Day Holiday Weekend.

It’s also introducing the Asian Lunar New Year (begins on the 17th), and is the beginning of the Year of the Fire Horse. Are we all ready to gallop into new adventures?

It is daily getting lighter as we are on the path to June and the longest day of the year. Meteorological Spring starts on March 1st.

Weather & Market Outlook

February might continue January’s Pineapple Express weather with mild temperatures and early flowering…or it may say “not so fast” and throw real Winter our way. In either case, it’s a short and sweet month, and after the practice run of almost daily changes in 2025, we are probably now able to digest any further disrupting shifts.

Real estate in our secondary home/recreational area continues to be characterized by low inventory and relatively stable pricing. Potential buyers inquire, may turn up to view (no local market here), but offer outcomes still are full of hesitations. This scenario has been in place for almost five years. Will 2026 be the improvement year? Many forecasters think so.

The Two-Step Dance

It’s always a two step dance in any buyer decisions: step one is to decide which Gulf Island to buy on. Then one decides what property to choose in that locale.

It all takes time for a buyer decision and most sellers understand it can take one to two years to sell their property. Days on market may be important in a primary residence/city market, but are meaningless in a secondary home/rural region, with no local buyer pool.

Balanced Market

~380

listings on Salt Spring

Current Inventory

~89

listings on VREB

Definitely low inventory! The desire to buy is still accompanied by caution, hesitancy, concern.

An Epochal Time of Change

The impact of tariffs, the geopolitical concerns, the individual wars and rumours of larger wars, the polarization of political issues…add in AI and crypto currency…by the time we arrive at the end of 2026, we may not recognize the earlier days of the year.

It’s ever more important to practice our peripheral vision. Tunnel vision, prepared for us to fall into, no longer works. We seem to be in an epochal time of change. We don’t get to choose our time, but we do get to choose our response. This may be our Gutenberg moment. Important to remember that in change lies opportunity.

Ownership Considerations

Already own on Salt Spring or a Gulf Island? A good idea to retain. Trying to buy? Perhaps shared ownership would be a key to positive results? Allow one to build equity and move on?

It’s important to consider options and not assume there’s only one way to accomplish our dream.

Interested in Ownership?

Interested in ownership on Salt Spring or a Gulf Island? Look forward to helping you to discover your special opportunity. Wanting updated market information, to understand market effects on your property? Contact me. Your best interests are my motivation.

We are all lucky to be on this thin strip of coastal beauty known as the Pacific Northwest Coast.

It’s February…enjoy!

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