The Aug. 7 decision in B.C. Supreme Court recognizing Cowichan Nation's land claims on the Fraser River in Richmond, has the B.C. government scrambling to respond.
But the Tsawwassen First Nation is taking a more measured approach and for now, leaving it with the lawyers.
“We are reviewing the decision with legal counsel and will update members as more information becomes available,” TFN said following the decision.
The Musqueam Indian Band, which will also be affected by the decision, had a stronger reaction, saying it “fundamentally disagrees with this judgment in this case."
Chief Wayne Sparrow and council said in a release the decision grants the Cowichan title within Musqueam traditional territory in Richmond and the right to fish in the south arm of the Fraser River.
“We are extremely disappointed the court didn’t recognize the importance of oral history and traditional governance protocols which guide inter-community relationships since time immemorial,” Sparrow said.
The statement added the decision also will be reviewed by its legal team.
“We will continue to update community on our plan for defending our rights moving forward.”
The ruling in B.C. Supreme Court confirmed Cowichan aboriginal title and fishing rights over the stretch of land on Lulu Island next to the south arm of the Fraser River, where the nation had a summer village where members fished for salmon.
The Cowichan are also reviewing and celebrating the decision.
“At this time, we raise our hands to the generations of leaders who fought with nuts’a’maat shqwaluwun (one mind, one heart, and one spirit) for the return of our settlement lands at Tl’uqtinus and our fishing rights in the south arm of the “Fraser River,” ever since the Crown began its unauthorized alienation of our lands there in the 1870s," Cowichan said in a statement.
Justice Barbara Young ruled that the Crown's grants of private property ownership rights over the lands “unjustifiably infringe” on Cowichan aboriginal title, and need to be negotiated, while titles and interests in the lands held by Canada and Richmond were “defective and invalid.”
However, the Vancouver Island First Nation had not sought to have the titles of privately held properties declared “defective and invalid.”
The ruling said B.C. owes a duty to the Cowichan, “to negotiate in good faith reconciliation of the Crown-granted fee simple interests held by third parties.”
The B.C. government reacted quickly.
“We disagree strongly with the decision. British Columbia will be filing an appeal and seeking a stay to pause implementation until the appeal is resolved,” Attorney General Niki Sharma said Aug. 11.
The ruling could affect private property rights in B.C., she said.
– with files from CP
