August 18, 2025
Parteek Singh Mahal
Following a landmark B.C. Supreme Court decision to recognized Aboriginal title to Cowichan Nation over lands on Lulu Island, B.C. Attorney General Nikki Sharma has dismissed criticism by Conservatives that the government failed to resolve the issue proactively, calling it a “complete misunderstanding of how the legal system works.”
Sharma, in an exclusive interview on RED FM’s Harjinder Thind Show, explained that anyone has the right to bring a claim to court and that the government’s role is to represent the province’s interests. She also pointed out the complexity of the issue, noting that different First Nations have their own opinions on land ownership rights in the area, making a simple, pre-litigation agreement difficult to achieve.
On August 7, the B.C. Supreme Court recognized Aboriginal title for the Cowichan Tribes, Stz’uminus, Penelakut, Halalt, and Lyackson First Nations over approximately 1,846 acres on Lulu Island, including submerged lands and fishing rights. This landmark decision declared that Crown-granted fee-simple titles, including those held by Canada and the City of Richmond, are invalid. Following the ruling, B.C. Attorney General Nikki Sharma had announced that the provincial government will appeal the decision and is seeking a stay to pause its implementation.
Sharma on Monday stated that the province’s primary concern is the “uncertainty and question marks about land ownership for the common person.”
“We think that this decision provides way too much uncertainty for fee simple ownership, so people’s property ownership,” Sharma said.
She explained that the province is appealing the decision to ensure a higher court can clarify the complicated legal issues involved and provide clarity for average landowners. The government’s goal is to find a path forward that offers a form of reconciliation for First Nations while maintaining the integrity of property ownership.
When asked about accusations from conservative MLA Steve Kooner that the government failed to resolve the issue proactively, Sharma dismissed the criticism as a “complete misunderstanding of how the legal system works.”
She explained that anyone has the right to bring a claim to court and that the government’s role is to represent the province’s interests. She also highlighted the complexity of the issue, noting that other First Nations, such as the Musqueam and Tsawwassen, have their own differing views on land ownership rights in the area, making a simple, pre-litigation agreement difficult to achieve.
Sharma confirmed that the province is actively working on the appeal and expects it to proceed due to the complex nature of the case, which spans 800 pages. She suspects that other parties involved may also seek an appeal.
“So these are very complicated issues where sometimes there isn’t a direct path to agreement, and we need a court to step in, and it’s everybody’s right in B.C. to bring a court trial forward, and it’s our job as the province to represent the province’s interest in court, and we’ll be doing that. And oftentimes, these cases can go to appeals, sometimes all the way up to the Supreme Court of Canada, to really sort through the very complicated legal issues that are at play,” she said.
When she was asked because the worrisome thing is for the land developers and other people that B.C. being unceded land, the ruling could shake the confidence in property titles right across the province?
Sharma said to reassure private property owners, lenders, and developers she wants to send a clear message. “We at British Columbia and the government are upholding and making sure that the court understands the importance of property ownership in B.C., that we need to be there to defend those property rights and clarify the law.” She added that the government will continue to defend these rights and uphold provincial laws that protect property ownership.
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