Houses and farmland that fall within the boundaries of a Cowichan Nation Aboriginal title claim in Richmond. A B.C. Supreme Court ruling confirmed Cowichan Aboriginal title and fishing rights over a stretch of land.DARRYL DYCK/The Canadian Press
A poor soul named Kristine in the office of B.C.’s Premier David Eby may have the worst job in Canada.
The provincial NDP government has been dropping flyers in the mailboxes of residents affected by a recent Supreme Court of B.C. decision that awarded the Cowichan Tribes title to more than seven square kilometres of land in the city of Richmond, including private residences.
Most of the people affected were blindsided, not aware that such a claim had been made. The ruling has left many livid with the government and furious with a judge who has put their most important asset in jeopardy.
“Hello, my name is Kristine and I’m your government of British Columbia community contact in the Premier’s office,” the flyer says. It gives the surname-less government staffer’s phone number and e-mail address for contact purposes.
I can only imagine. I think I’d rather be the captain of a cruise ship adrift at sea for days with no power. What is she going to tell folks legitimately worried about the resale value of their homes and the status of mortgages?
B.C. Premier says Cowichan decision could have national implications
Fact is, there is little she can say, because the ruling is being appealed and consequently things are very much in the air. If you need to sell your home today, however, that could be a problem, and nothing Kristine can say will change that. A group of affected homeowners has already started an appeal of their property taxes on the basis that their home isn’t worth what the municipality said it was earlier this year. Homes, businesses and commercial properties in the claim area are estimated to be valued at more than $2-billion.
It’s been a couple of months now since Justice Barbara Young handed down her decision. Angst in Richmond has begun to spread. Only now are people beginning to understand the full ramifications of the ruling and its potential to cause havoc elsewhere if it’s upheld. It’s likely the Cowichan case is just a prelude to even more substantial and controversial claims yet to come.
Former B.C. Conservative MLA Elenore Sturko, who now sits as an independent, said the government needs to come clean about the number of Aboriginal title claims that exist in the province that could affect private property. She cited one by the Shuswap (Secwepemc) Nation in Kamloops that seeks title over the entire city and surrounding area, which includes a ski resort, roads, railways and privately owned tenures of several different types.
“The decision in the Cowichan Tribes case is just the tip of the iceberg when it comes to claims of Aboriginal title in this province,” Ms. Sturko said in a news release. “The government has utterly failed to act in its basic duty to notify British Columbians of litigation that directly impacts their rights.”
The claim by the Shuswap was made in 2015, a year later than the Cowichan application.
The entire matter has put Mr. Eby’s government on its back foot. Prior to the Cowichan ruling, the NDP had been mounting an aggressive campaign of Indigenous reconciliation. Earlier this year, the government formally recognized Haida Aboriginal title throughout the Haida Gwaii archipelago, formerly the Queen Charlotte Islands. The agreement says private property will be honoured, even though it appears to be incompatible with Aboriginal title. Either the Haida have complete control over their lands or they don’t.
Upon the signing of that agreement, Mr. Eby said he believed it could be a template for the rest of the province. In light of the Cowichan ruling, and the massive public backlash it has provoked, that seems doubtful.
Andrew Coyne: To recognize aboriginal title is not to abolish property rights, but to uphold them
A recent Angus Reid poll found that 67 per cent of respondents are seriously concerned that the Cowichan decision could affect private property rights. About 44 per cent of those surveyed believe Mr. Eby’s government is focused “too much” on reconciliation, to the diminishment of other, more important matters.
For its part, the NDP has been frustrated by the public reaction to the Cowichan case and the “fear-mongering” it believes the ruling has created. And yet Mr. Eby himself has said if he were a homeowner affected by the decision, he’d be concerned too.
While the Cowichan have said they are not seeking to displace private homeowners, the simple fact is a court has ruled that the fee-simple title that was awarded by the Crown in the claim area is invalid. And to some extent, that’s all that matters.
For now, the Richmond case is all a big, ugly mess, the blowback from which Mr. Eby has for now entrusted to an office staffer named Kristine to deal with. We can only offer her our full-throated consolation.