B.C. Supreme Court Recognizes Cowichan Aboriginal Title In Landmark Ruling

On August 7, 2025, the British Columbia Supreme Court issued its long-awaited decision in Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490. The Court recognized the Cowichan Nation's Aboriginal title to part of the Fraser River's south arm and affirmed its constitutional right to fish in those waters for food.

The trial, which spanned 513 days over five years, was described as the longest in Canada's history. The 863-page judgment will have wide-reaching legal implications.

Background

The plaintiffs – Cowichan Tribes, Stz'uminus First Nation, Penelakut Tribe, Halalt First Nation and several individual leaders – brought the action on behalf of themselves and all descendants of the historic Cowichan Nation. They sought declarations of Aboriginal title over approximately 1,846 acres on Lulu Island (now part of the City of Richmond, B.C.), including submerged lands in the Fraser River, and an Aboriginal right to fish for food on the river's south arm.