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ARTICLE · 17 SEPTEMBER 2025

What Is The Cowichan Decision And Why Is Everyone So Worked Up?

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The British Columbia Supreme Court recently issued its landmark decision in Cowichan Tribes v Canada (Attorney General), 2025 BCSC 1490.

CanadaGovernment, Public Sector
Jordan Ardanaz
Jordan Ardanaz
Saul Joseph
Saul Joseph
Jessica Buhler
Jessica Buhler
Katie Lawless
Katie Lawless
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As discussed in our previous article, B.C. Supreme Court recognizes Cowichan Aboriginal title in landmark ruling, The British Columbia Supreme Court recently issued its landmark decision in Cowichan Tribes v Canada (Attorney General), 2025 BCSC 1490.

Spanning over the course of 11 years, including 513 days of hearing, the trial was one of the most complex and is likely the longest in Canadian history.

Ultimately, the Court recognized Aboriginal title to the historic village site of Tl'uqtinus as well as an Aboriginal right to fish the south arm of the Fraser River.

Most notably, these declarations were made over – ultimately displacing interest in some – fee simple lands. Longstanding as one of the most significant questions regarding the current system of land ownership in Canada, this decision could prove to be highly consequential.

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