The $30 million Aboriginal title puzzle

The BC Supreme Court is grappling with defining the precise limits of the Cowichan Aboriginal title in Richmond, a decision that could have significant consequences for property owners.

According to the source, the ruling recognised that the Cowichan Tribes hold title to a former summer village called Tl'uqtinus on the south arm of the Fraser River, a tract now fragmented into a patchwork of private homes, commercial warehouses and other fee-simple holdings in the city of Richmond .

The jdugment set a national precedent by confirming Aboriginal title over privately owned parcels, but left the exact perimeter of that title vague, prompting a heated hearing on Wednesday as counsel for both sides argued over the language that will appear in the final orders.

Who is the unnamed buyer?

The source reports that Montrose Properties, a large industrial landowner whose site lies within the declared title area , filed a motion to reopen the trial,but the judge has yet to decide on the request .

The Vancouver Fraser Port Authority's lawyer, Margaret Gilbride, suggested modest adjustmens to the description of the boundaries in the final orders, but the Cowichan Tribes' lawyer, Jessica Proudfoot, urged the court to seal any lingering doubts now, arguing that a modern professional survey could have been completed months ago.

What auditors flagged in the May filing?

The source reports that the judgment contains six formal declarations that will serve as the framework for the final orders, but the exact details of these declarations are not specified.

According to the source, the Cowichan Tribes' lawyer,Jessica Proudfoot, warned that other litigants might try to reinterpret the judgment after it is issued, so she asked the judge to craft orders that leave no room for later reshaping.

A familiar pattern from the 2019 crash

The source reports that the ruling recognised that the Cowichan Tribes hold title to a former summer village called Tl'uqtinus on the south arm of the Fraser River, a tract now fragmented into a patchwork of private homes, commercial warehouses and other fee-simple holdings in the city of Richmond.

According to the source, the judgment set a national precedent by confirming Aboriginal title over privately owned parcels , but left the exact perimeter of that title vague , prompting a heated hearing on Wednesday as counsel for both sides argued over the language that will appear in the final orders.

The Vancouver Fraser Port Authority's lawyer, Margaret Gilbride, suggested modest adjustments to the description of the boundaries in the final orders, but the Cowichan Tribes' lawyer, Jessica Proudfoot, urged the court to seal any lingering doubts now, arguing that a modern professional survey could have been completed months ago.