The Cowichan Tribes decision – Aboriginal Title and private land in British Columbia

In this episode of Canadian Justice, Christine Van Geyn interviews professor Dwight Newman and lawyer Tom Isaac about the recent decisions in Cowichan Tribes v Canada.

Cowichan Tribes is a British Columbia trial level court about Aboriginal title and private property. The case was brought by the Cowichan tribes against the governments of BC, Canada, and the city of Richmond. On August 7, 2025, the BC trial court issued a groundbreaking decision and found that the Cowichan had successfully proved that they hold Aboriginal title over land located in City of Richmond. The most groundbreaking aspect of the case was that it is the first Canadian court decision to invalidate fee simple titles solely based on claims of Aboriginal title, elevating the constitutional force of Aboriginal title over registered land interests.

This has unsettled the relationship between Aboriginal title and fee simple. All three governments have appealed.