A recent ruling by the British Columbia Supreme Court has established that Aboriginal title supersedes private land ownership. This decision stems from a case involving the Cowichan Tribes, who argued that the Richmond area was historically occupied by their fishing village, Tl’uqtinus. The court found that the Crown had violated its commitments to the Cowichan people regarding the territory. The ruling references a statement from B.C.'s first governor, Sir James Douglas, who assured Cowichan representatives that the Crown would protect them from outside threats as long as they maintained peace. Supporters of the decision view it as a victory for property rights, as it allows the Cowichan to reclaim control over their traditional lands, despite the presence of urban development. The court explicitly stated that provincial Crown grants of fee simple interest do not extinguish or permanently displace Aboriginal title. This means that Aboriginal title is now recognized as a prior and senior right to land, which could create uncertainty for private property titles across the province. Thomas Isaac, a lawyer specializing in Aboriginal title, noted that this ruling makes B.C. unique among western economies, as it does not allow for indefeasible title to be used as collateral. Despite the ruling, the Cowichan Tribes have expressed no intention to evict current homeowners in Richmond. Chief Cindy Daniels stated, "We are a respectful people. We intentionally did not bring this case against any individual private landowners, and we did not seek to invalidate any of their land titles." The resolution of this case may lead to financial compensation from the Crown, similar to a previous settlement involving the Esquimalt and Songhees Nations, who received $31.5 million for land originally designated as a reserve. However, the Cowichan decision raises questions about the future of property ownership in the affected area. Homeowners are left uncertain about their ability to sell or mortgage their properties, as the ruling has thrown their ownership status into question. The B.C. government is now tasked with negotiating in good faith to reconcile the situation regarding these lands. As it stands, the Cowichan Tribes hold significant influence over the future of the Richmond lands, as the province lacks the authority to extinguish Aboriginal title. This ruling marks a significant shift in property law in British Columbia, emphasizing the importance of Aboriginal rights in land ownership disputes.