The Longest Trial, A Big Impact: Cowichan's Aboriginal Title Victory

Following one of the longest trials in Canadian history, the Supreme Court of British Columbia (the Court) released its landmark decision in Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490, holding that the historical descendants of the Cowichan people¹ (the Plaintiffs or Cowichan) have Aboriginal title over a portion of the total claim area sought at the south shore of Lulu Island, in Richmond, British Columbia (the Cowichan Title Lands). This is the first time in Canadian history Aboriginal title has been established over lands that include fee simple/private ownership, resulting in significant uncertainty for governments, fee simple landowners, and Indigenous communities with overlapping title claims.