A British Columbia court has granted the Cowichan Tribes and several other First Nations legal title to historic lands in Richmond, B.C., once a winter fishing village for Indigenous peoples. The ruling also confirms their fishing rights at the mouth of the Fraser River.
After more than 500 days of legal proceedings, the B.C. Supreme Court’s decision on August 7 marks a major victory for the Cowichan Tribes, Stz’uminus First Nation, Penelakut Tribe, Halalt First Nation, and the Lyackson First Nation, who played a supporting role. The court recognized their Aboriginal title over the Tl’uqtinus village located on the southeast side of Lulu Island.
The ruling restores land and fishing rights lost centuries ago when colonial officials forced Indigenous people from their village and gave the land to settlers and local authorities.
The Cowichan Tribes and allied First Nations praised the decision, honoring the generations of leaders who fought to regain the lands and their rights to fish in the Fraser River. The judgment grants the tribes fishing rights over all species used for food, social, and ceremonial purposes, extending from Annacis Island and Lulu Island to the mouth of the south arm of the Fraser River.
B.C. Supreme Court Justice Barbara Young delayed her ruling for 18 months to allow a smooth transfer of land. She expressed hope the parties will use this time to negotiate and resolve remaining issues in line with reconciliation principles.
The ruling includes a significant portion of a 1,846-acre land claim on Lulu Island’s southeast end, as well as 146 acres of submerged shoreline. Parts of the claimed land belong to the federal government and are managed by the Vancouver Fraser Port Authority. The claim area overlaps with port terminals, container yards, and warehouses, including one operated by Amazon. The port authority is reviewing the decision’s impact.
The provincial government described the decision as complex and is reviewing it carefully. Attorney General Niki Sharma said all parties have 30 days to consider appealing. Meanwhile, Premier David Eby expressed a preference for resolving the dispute through negotiations. He emphasized the importance of private property rights for mortgages, economic certainty, and market stability for both Indigenous and non-Indigenous residents.
The Musqueam First Nation, a defendant in the case, strongly disagreed with the ruling. Musqueam had argued that the Cowichan needed their permission to fish in the area. The judge found their relationship cooperative but did not support Musqueam’s opposition to title recognition.
The City of Richmond, also a defendant, opposed the land claim on grounds that the land includes critical flood infrastructure benefiting its 230,000 residents. The city argued a declaration of Aboriginal title would amount to expropriation without compensation and risk billions in infrastructure. However, the judge noted the city-owned lands are largely undeveloped, aside from a dike, and historically significant to the Cowichan people. She ruled the land’s importance to Cowichan far exceeds its municipal value.
The ruling traces the Cowichan’s deep connection to the land and waters around Lulu Island. Justice Young detailed how the Cowichan shared a common culture, language, and seasonal practices of traveling by boat across the Strait of Georgia to fish and live along the Fraser River’s mouth.
The historic Tl’uqtinus village included large “bighouses” stretching 1.6 kilometers along the riverbank, arranged in multiple neighborhoods with hundreds of canoes along the shore. The court considered archaeological findings, oral histories, historical maps, and records dating back to first contact in 1792, when Spanish explorers met Cowichan people near their Gulf Island villages.
By 1846, the Cowichan had established a strong presence at the Fraser River, with an estimated 2,250 people living at the village. Even into the late 19th century, the Cowichan remained connected to the site despite colonial pressures.
The influx of gold miners in the lower Fraser Canyon disrupted salmon spawning and led to violence against Indigenous people. From 1871 to 1914, colonial authorities transferred legal ownership of the lands to settlers, effectively making the Cowichan trespassers on their own territory.
The court described how colonial governments forcibly controlled the Cowichan through reserve creation, Indian agents, and residential schools. Indigenous cultural practices were banned, and access to traditional lands was denied. The Cowichan were pressured to abandon their traditional lifestyle and confined to reserves on Vancouver and Gulf Islands.
Despite this, the Cowichan never abandoned their claim to the Tl’uqtinus village lands. Justice Young found their connection to the land remains strong today and that ongoing infringements amount to “continuing trespass.”
The court declared Richmond’s title over the Cowichan village lands “defective and invalid” and called on the federal government and Vancouver Fraser Port Authority to negotiate land transfer with the Cowichan. The First Nations’ consent will be required for any future land use or improvements.
“It will remain open to the Crown and local governments to seek the consent of the Cowichan in the future with respect to proposed improvements,” the judge said.
