A Burnaby resident is initiating a proposed class-action lawsuit against the provincial and federal governments regarding their management of Aboriginal land claims. J.R. Rampee Grewal is concerned that a recent ruling by the B.C. Supreme Court, which granted the Cowichan Tribes Aboriginal title to lands in Richmond, could create uncertainty for private landowners across British Columbia. The ruling is currently under appeal by the provincial government, the federal government, the City of Richmond, and the Musqueam and Tsawwassen First Nations.

Grewal, who owns a home in Burnaby and operates a hazardous waste removal business, stated, "Sooner or later, it’s going to affect everybody." The proposed class-action suit, filed this month in B.C. Supreme Court, seeks damages for the impact of the Aboriginal land claims on the province's land ownership system and property values.

The Cowichan ruling determined that Aboriginal title and fee-simple title can coexist. Justice Barbara Young noted that while the Cowichan Tribes are not currently pursuing exclusive rights to privately owned lands, they may choose to do so in the future through negotiations or legal actions. The Cowichan and other First Nations have expressed that the messaging from B.C. and Richmond regarding the ruling has caused unnecessary fears among landowners.

The lawsuit is filed on behalf of Grewal and a potential Richmond resident identified as John Doe. It aims to include all British Columbians who have experienced economic or mental distress after the Cowichan ruling, particularly those who attempted to refinance, sell, or utilize equity in their properties. The suit alleges that the defendants have long been aware of the risks to land security due to unresolved Indigenous claims but continued to assure the public that titles registered under the Land Title Act were safe and marketable.

The proposed class-action claims that by maintaining these assurances and collecting taxes based on inflated property values, the defendants caused economic and psychological harm to the plaintiffs and class members. The lawsuit seeks general damages for loss of property value and mental distress, as well as special damages for lost investment opportunities. It also calls for reimbursement of taxes and fees collected under allegedly misrepresented conditions, punitive damages, and a declaration that the conduct of B.C. and Canada was unlawful.

Neither the provincial nor federal governments have yet responded in court. The B.C. Ministry of Attorney General acknowledged awareness of the lawsuit but stated they had not been formally notified. In a written statement, ministry officials emphasized that land titles across B.C. remain valid and noted that the Cowichan claim pertains to a specific area encompassing about 150 properties in Richmond. They asserted, "Our legal team is using the strongest legal arguments available to protect the rights of private property landowners in the Cowichan case. We believe fee-simple property rights in B.C. must be protected."

John McGreevy, one of the lawyers involved in the proposed class-action suit, indicated that it is too early to comment on the legal action. Class-action lawsuits must be approved by the court and must meet specific criteria, including having a valid legal claim and a representative plaintiff.

In the Cowichan case, the First Nation was awarded title to approximately half of the 7.5 square kilometers it claimed, which includes land owned by the City of Richmond and federal Vancouver-Fraser port lands, as well as residential, agricultural, and commercial properties. The ruling did not seek to displace private landowners or invalidate their titles but found that ownership of the city and federal lands was "defective and invalid," ordering the province to negotiate a settlement with the Cowichan. The court acknowledged that the declaration of Aboriginal title could create uncertainty for fee-simple titleholders and may have implications for their interests in the land.