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ARTICLE · 02 DECEMBER 2025

Navigating The Uncertainty Caused By The Cowichan Decision

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The recent decision of Cowichan Tribes v Canada (AG) (Decision) has been subject to intense, and often polarizing, debate due to the uncertainty...

CanadaGovernment, Public Sector
Thomas Isaac
Thomas Isaac
Jared Enns
Jared Enns
Devon Campbell
Devon Campbell
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The recent decision of Cowichan Tribes v Canada (AG) (Decision)1 has been subject to intense, and often polarizing, debate due to the uncertainty it has created for private property rights. This brief comment is a follow-up to our more extensive summary of the Decision, and is intended to clarify information provided by the media and other commentators.2 This comment is based on a plain reading of the Decision and the extensive body of Aboriginal title jurisprudence that has been developed by the Supreme Court of Canada (SCC) since the 1980s.

The Decision

In the Decision, the Court issued declarations recognizing the Cowichan Tribes' (Cowichan) Aboriginal title to roughly 800 acres within the boundaries of the City of Richmond, BC (Cowichan Title Lands). The Cowichan Title Lands include properties held by Richmond and Canada, and properties belonging to unnamed third parties (Unnamed Parties).3 These lands are a portion of the roughly 1,800 acres claimed, and a

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