Photo: Garry Point, Richimond B.C. source Wikipedia

The B.C. Supreme Court’s recognition of the Cowichan Tribes’ Aboriginal title to land in Richmond has sent shockwaves through British Columbia’s property sector, sparking fears of widespread legal uncertainty and eroding investor confidence in one of the province’s most valuable real estate markets.

The August ruling concluded that the Cowichan people had occupied and relied on parts of the Fraser River’s south arm long before European settlement, granting constitutionally protected ownership over both public and private lands. The court ruled that Crown land grants issued without proper consultation were invalid wherever they conflicted with Cowichan title.

While Indigenous leaders have called the decision a long-overdue step toward reconciliation, it has also raised deep concerns about the security of private property and the economic consequences of rewriting long-established titles. The judgment effectively means that parcels of land—some privately owned for generations—could be subject to future claims, casting doubt on the reliability of land registries and the integrity of existing deeds.

Much of the case rested on oral history and traditional knowledge rather than continuous physical occupation, a factor critics say sets a troubling precedent. In a province where many First Nations have overlapping or competing claims, the reliance on oral accounts leaves open the possibility of conflicting rulings that could tie up land in decades of litigation.

An Angus Reid Institute survey reflects that apprehension. Three in five British Columbians said the recognition of Aboriginal title in Richmond could harm reconciliation efforts rather than strengthen them. Among property owners, concern was even higher—66 per cent viewed the decision as a setback, compared with 48 per cent of non-owners.

The government’s broader approach to reconciliation has also divided the public. Forty-four per cent of respondents said the province is focusing too heavily on Indigenous issues, while 27 per cent believe the balance is right and 13 per cent say not enough is being done.

The province has appealed the ruling, warning that it could have sweeping implications for governance, resource development, and investment. Legal experts note that hundreds of similar title claims are being prepared across B.C., many based on oral traditions rather than written documentation. Developers and investors say the uncertainty could drive capital out of the province, slow construction projects, and raise borrowing costs as lenders reassess risk in light of potential land disputes.

Supporters view the judgment as an affirmation of pre-existing rights, but opponents warn it undermines the stability of private ownership and sends the wrong signal to those looking to invest in British Columbia. As the case moves forward, the province faces a difficult balancing act between historical justice and economic security — and growing concern that the cost of reconciliation may soon be measured in lost confidence, delayed projects, and declining property values.