B.C. First Nations leaders ‘appalled’ by ‘alarmist rhetoric’ over Richmond land title decision

First Nations leaders in B.C. say they are “appalled” by “alarmist rhetoric” from some politicians who are raising concerns about private property rights after a landmark land title decision in Richmond.

The First Nations Leadership Council (FNLC) says Aboriginal land title and private property ownership can and do co-exist in this province.

“The FNLC is deeply disturbed and angered by B.C. Conservative Party leader John Rustad’s letter to Premier David Eby in which he calls for an immediate pause to all negotiations between the Province of British Columbia and First Nations in response to the BC Supreme Court’s recent declaration of Cowichan Aboriginal title, and frames First Nations’ inherent and constitutional rights to their lands as a threat to British Columbia’s legal, social, and economic stability,” said a release from the council.

“The FNLC is similarly disturbed by Richmond Mayor Malcolm Brodie’s alarmist commentary and related communication delivered to certain Richmond residents warning that their property’s title could be negatively affected by the Court’s decision.”

Critics say the way the City of Richmond is framing the Cowichan decision amounts to fear-mongering, arguing it is simply an extension of existing case law, and the ownership ambiguity is only being made worse by choosing to appeal the decision rather than enter a negotiation, as the court ruled.

“The courts will eventually put it out to the B.C. Court of Appeal or Supreme Court of Canada, and they are going to send the parties back to negotiate an agreement. I think they have a choice of doing it now or living with the legal uncertainty for a decade, possibly,” said Merle Alexander, an Indigenous law expert in Vancouver.

Alexander tells CityNews there is already a framework for how Aboriginal title and fee-simple ownership can coexist in B.C.

“There’s a pretty clear template in the Haida title affirmation agreement. There are two specific clauses that very clearly say that the Haida Nation acknowledges the coexistence of the continuing fee simple interests within the title area.”

The federal and provincial agreement on Haida Aboriginal title was recognized in 2024 and affirmed by the B.C. Supreme Court earlier this year, outlining, in part, that private property rights and public services like hospitals will continue on Haida Gwaii.

The FNLC says reconciliation through recognition of the “legal and political fact” of Aboriginal title coexisting with private property rights is not a threat to stability and prosperity, but rather “it is the foundation on which it is built. Good faith negotiation based on recognition of First Nations’ basic human rights is the only path forward.”

Grand Chief Stewart Phillip, president of the Union of BC Indian Chiefs, argues that the “selective, discriminatory” rhetoric over the ruling is only stoking baseless fears and weaponizing the recognition of Indigenous rights.

Regional Chief Terry Teegee says advancing reconciliation is foundational to the collective prosperity of British Columbians.

“Reconciliation via good faith negotiation is key if we are to move forward together — a fact repeatedly recognized by the Supreme Court of Canada,” Teegee said.

The City of Richmond, the provincial government, and the Musqueam Nation are all appealing the decision granting Aboriginal title to a 7.5-square-kilometre parcel of land in Richmond to the Cowichan Tribes

—With files from Jack Rabb