Opposition Leader Calls for Immediate Appeal

VANCOUVER, BC: Opposition Leader John Rustad says “BC must appeal the Cowichan Tribes v. Canada (Attorney General) decision to protect homeowners, farmers, and small business owners.” He says Premier David Eby’s immediate inaction amounts to denying British Columbians that appeal, leaving families, municipalities, and businesses in a state of dangerous economic uncertainty.

“Eby laid the groundwork for this mess years ago, and now he’s refusing to clean it up. Private property rights are the foundation of our democracy. You cannot have reconciliation by stripping away rights from one group to give them to another — and you cannot have economic stability without certainty in land ownership.”

Supreme Court Decision Impact

The B.C. Supreme Court decision grants Aboriginal title over major Richmond lands, including port facilities, municipal infrastructure, and private property — creating legal overlap that threatens investment, mortgages, and property security.

Economic Concerns at Critical Time

“This comes at the worst possible time — 16,000 jobs lost, record debt, collapsing investor confidence, and U.S. tariffs hammering our economy,” said Steve Kooner, Critic for Attorney General.

“Residents in my riding are worried that when their mortgages come up for renewal, overlapping Aboriginal title could cloud their freehold ownership. They fear a future where their homes are treated like 99-year leases, with no guarantee of renewal. That’s the kind of nightmare scenario British Columbians are bracing for — and Attorney General Niki Sharma is doing nothing to prevent it.”

Concerns About Community Division

Scott McInnis, Critic for Indigenous Relations and Reconciliation, says the ruling is already causing unnecessary division.

“This decision has created conflict between the Cowichan, Musqueam, and Tsawwassen First Nations, and risks undermining trust between Indigenous and non-Indigenous communities across B.C. True reconciliation can’t be built on division or legal uncertainty.”

Call for Immediate Action

Kooner said the NDP’s silence is “effectively a denial” of an appeal, despite the fact that economic stability and reconciliation both depend on clear, secure property rights.

“By failing to act immediately, the NDP has chosen to leave British Columbians exposed to uncertainty that will drive away investment, slow the housing market, and punish families already struggling with higher interest rates. Eby and Sharma had years to resolve this — they failed then, and they’re failing now. That’s why an immediate appeal is the only responsible option.”

The Torrens System: “What is on Title is What Is”

The Land Title Act in B.C. follows the Torrens system from Australia and is based on “what is on title is what is”.

It’s a strong Act and means that a user on a pathway across private land, for 20 years say, because an owner allowed it, does not get to continue this use when the property sells, unless it is stated on title. Oral agreements and long term usages don’t count…it has to be on title.

Historical Context and Our Response

It is definitely understood that serious transgressions occurred in colonial times with indigenous peoples globally.

We don’t get to choose our time, but we do get to decide how to respond to issues of our time. Lack of proper treaty arrangements and coercion of lifestyles, by removing children from families and instead enforcing on them lifestyles current in late 1800s to mid-20th century, caused many difficult and shocking transgressions.

Understanding “Reconciliation”

Reconciliation is a word used all the time now. The dictionary usage is noted as:

• 1. The restoration of friendly relations.

  “his reconciliation with your uncle”

  Similar: reuniting, reunion, conciliation, reconcilement, pacification, appeasement, placating, propitiation, mollification, resolution, settlement

• 2. The action of making one view or belief compatible with another.

  “he aims to bring about a reconciliation between art and technology”

These are rudimentary options and there will be other dictionary meanings. It seems to imply that a divide between two parties can be solved.

Recent Supreme Court Ruling

It’s essential for all property owners to seek advice (from legal, mortgage, government sources) about the Land Title Act and the security of private land ownership in B.C., as a result of the recent Supreme Court of B.C. ruling on indigenous ownership of Fraser River fishing grounds and Lulu Island (now in Richmond).

This needs to be well understood by all parties (indigenous tribes and property owners with deeds to land parcels).

Seeking Professional Guidance

Who to Contact for Advice:

• Your Lawyer
  Legal interpretation and implications
• Your Mortgage Broker
  Financing considerations
• Your MLA
  Legislative perspective
• BCFSA
  BC Financial Services Authority – now in charge of real estate industry in B.C.

This is a serious matter to understand and it is important to seek answers to any questions you may have.