B.C. to file stay to pause Cowichan Tribes implementation of land-case decision

Published 5:54 pm Thursday, October 30, 2025

The B.C. government is filing to pause implementation of the Cowichan Tribes land case decision until an appeal can be heard.

“We will be proceeding with a stay application in this case, asking the court to hold off on the implementation of the decision,” Premier David Eby said on Wednesday, Oct. 30.

The Cowichan Tribes filed the suit more than a decade ago to resolve a dispute over title to an area of Fraser River waterfront land in Richmond that the Nation once used as a seasonal fishing village.

The eventual ruling, released by the B.C. Supreme Court in August, grants the Cowichan Tribes title to the government-owned land, and orders some form of reconciliation for the private lots.

The First Nation argues it did not seek to usurp private property rights, but was suing the government for taking the land in the first place.

Nevertheless, many fear this will set a precedent that undermines the system of fee simple private property rights and could make it difficult to sell or finance the 150 private lots captured in this case.

Both sides have appealed the decision, and the case is headed to the B.C. Court of Appeals. It will likely end up in the Supreme Court of Canada, and the entire process will likely take years.

“Our hope is that the Court of Appeal will use the opportunity of a stay application to provide some clarity and assistance to the province in understanding the direction that we should be taking,” Eby said.

Speaking one day after a contentious public meeting in Richmond with the 150 private landowners, Eby issued a public call for any owners having difficulty with their mortgage to contact the province.

“They should bring that information forward to us so that we can include that in our stay application,” he said.

B.C. Conservative Leader John Rustad, who was at the meeting in Richmond, also spoke to reporters on Wednesday and voiced concerns about landowners having mortgage difficulties.

“In order to be able to have insurance and a mortgage, you need to know what the value of a property is,” he said. “You need to know what your rights to the private property is.”