Residents along No. 6 Road in south Richmond are grappling with uncertainty following a recent B.C. Supreme Court ruling. The court granted the Cowichan Tribes of Vancouver Island land title rights that may affect their properties. Judy Kutny, a resident for 35 years, expressed her concerns. "It’s scary," she said, standing at her home. "I don’t think so," she added, referring to the idea that someone else might have rights to her property.

The ruling, released in August, determined that the Cowichan Tribes hold Aboriginal title to a portion of land that was historically a summer fishing village along the Fraser River. The judge found that the Cowichan had rights to approximately half of the 7.5 square kilometers they claimed. The Cowichan Tribes are appealing the decision, seeking recognition of the remaining half.

Justice Barbara Young noted that the Cowichan did not challenge the validity of private land titles in the area. Instead, their claim focused on city and federal lands, including the Vancouver-Fraser port lands. However, the judge stated that the province has a duty to negotiate with the Cowichan regarding private lands. She described the fee-simple titles granted by the Crown as an "unjustifiable infringement" of the First Nation’s title.

While the Cowichan are not currently pursuing exclusive rights to privately owned lands, the ruling leaves open the possibility for future negotiations or legal actions. Young acknowledged that the declaration of Aboriginal title could create uncertainty for private titleholders and may have implications for their land interests. "To achieve reconciliation means that the status quo must sometimes change," she wrote, indicating that both Indigenous and non-Indigenous Canadians may experience hardships during this process.

Kutny, who has deep roots in the area, is skeptical of the Cowichan's claims. Her family purchased their land over 50 years ago, and she believes they have a rightful claim to it. "That was then, this is now," she said. "You can’t waltz back and say this used to be ours."

Richmond Mayor Malcolm Brodie estimates that 100 to 150 properties could be affected by the ruling. He has communicated with property owners about the potential impacts and scheduled an information meeting for October 28. Due to high interest, the meeting venue has been moved to the Sheraton Vancouver Airport Hotel.

Brodie expressed concern over the implications of the ruling. "I think the clear understanding was that fee-simple property was excluded from any suggestion of Aboriginal claims, and now the line has been removed," he said. "You can wake up tomorrow to find out that the court has given Aboriginal title to your property to a First Nation’s group."

David Rosenberg, the lawyer for the Cowichan Tribes, expressed frustration over what he termed "misinformation" regarding the case. He clarified that the Cowichan are not targeting privately held land and emphasized the importance of good faith negotiations with the province. He believes a treaty recognizing Aboriginal title could allow private owners to maintain their fee-simple titles.

The City of Richmond, along with the province and federal government, is appealing the ruling to protect private property rights. Meanwhile, the Musqueam and Tsawwassen First Nations are appealing due to perceived infringements on their rights.

Residents like Kutny and Margaret Neely, who also plans to attend the meeting, are anxious about the future. Neely, whose family has owned a blueberry farm for over 50 years, is taking a wait-and-see approach. She noted that the situation is reminiscent of developments in Haida Gwaii, where the B.C. government recognized the Haida Nation’s Aboriginal title, raising concerns about private property rights.

The real estate market is also feeling the effects of the ruling. A property on No. 6 Road is currently for sale, listed at just under $5.3 million. Realtor George Shen acknowledged that the court ruling is not favorable for the market but stated that the owners still wish to sell.

Experts like Dwight Newman, a law professor, highlight the lack of clarity for private property holders. He noted that the ongoing appeals could lead to significant changes in the legal landscape. Even if the B.C. Court of Appeal were to expedite a hearing, it could take months for a decision.

Maya Ollek, a lawyer who analyzed the ruling, pointed out that the focus on private property implications may be disproportionate. She emphasized that the court's declaration of Aboriginal title does not automatically invalidate existing private titles. "We are in a period of uncertainty now while the issue works its way through the courts," she said.

As the situation develops, property owners along No. 6 Road remain on edge, awaiting further clarity on their rights and the future of their land.