Written by Jason Clemens and Tegan Hill of Fraser Institute.
While the Cowichan court decision, and to a lesser extent the more recent mineral rights court decision, have dominated discussions on how property rights are being eroded in British Columbia, the Eby government quietly signed yet another land-use agreement with an Indigenous group on Vancouver Island that fundamentally changes property rights and decision-making in the area.
As the premier himself has recognized, the erosion and uncertainty of private property in the province is imposing huge costs on average British Columbians, and will continue to do so until the government shows genuine leadership and provides clarity on this issue. The premier and his government cannot simultaneously oppose the recent court decisions while negotiating bilateral agreements with Indigenous groups that effectively have the similar results as the court cases.
To recap, the stability of private property in the form of fee simple ownership, which is what most homeowners and businesses maintain, was called into question, at least until the appeal is heard, in a 2025 court case recognizing the Cowichan Tribe’s Aboriginal title over 800 acres of Crown and private land in Richmond, a suburb of Vancouver. The judge found that where Aboriginal title is deemed to exist, it is “prior and senior” to fee simple property rights. This has thrown the status of more than 150 private property owners into turmoil and forced the provincial government to establish a $150 million-plus fund to support loan guarantees and other measures as property owners struggle with uncertain property rights, in some cases an inability to renew mortgages and the potential for real declines in their property value.
Premier Eby heavily criticized the decision and indicated his government would support the appeal of the Cowichan case on several fronts, even though the government did not contest the case originally. Premier Eby also promised to enact changes to the legislation involved in the mineral rights case—legislation which he helped enact.
Read the full article at Fraser Institute: B.C. government continues to fundamentally change control of property.