Question Period Note: Litigation – Proposed Class Action by BC Landowners Pursuant to Cowichan Decision

N.A.

• Crown – Indigenous Relations and Northern Affairs Canada (CIRNAC) is aware of the proposed class action lawsuit filed on November 21st on behalf of BC landowners in relation to the Cowichan decision.
• The Government of Canada defended the validity of fee simple title granted by the Crown during the Cowichan trial, and we will continue to do so on appeal.
• This lawsuit is new and has not yet been served on Canada so we will need time to assess the claim.

New proposed class action litigation, filed on November 21, 2025 in the BC Supreme Court on behalf of “all title owners in BC” and naming BC and the federal government as defendants, alleges the federal and B.C. governments have misled property owners by continuing to assure the public that their private property was "safe, marketable and free from material qualification" despite having knowledge of potential risks posed by unresolved Indigenous land claims.
The proposed class action alleges the federal and B.C. governments failed to “properly defend the rights of property owners” in the context of the 2025 trial level decision in Cowichan, which found that Aboriginal title co-exists with fee simple title on about 150 parcels of private property in Richmond, B.C. The Cowichan decision is under appeal.
The plaintiffs are seeking relief in the form of general damages for loss of property value and mental distress; loss of financial and sale opportunities; restitution of taxes and fees; punitive and exemplary damages; a declaration that the defendants’ conduct was unlawful and contrary to duties of good faith; and a declaration requiring full disclosure of known risks affecting registered property in BC.
This claim has not yet been served on Canada.
The proposed class action will require court certification before it can proceed.

If pressed for views regarding proposed class action
• The Government of Canada respects the right of all parties to pursue their own legal strategies. We we remain committed to reconciliation and to working constructively with all parties throughout this process.
• As this matter is before the Courts, we are not in a position to comment further on the proceedings at this time. If pressed on concerns of private landholders
• We understand that this decision may cause uncertainty and concern for private landowners.
• The Government of Canada is committed to maintaining legal clarity and stability in land ownership while respecting Aboriginal rights and title, and the Court process. If pressed on Canada’s appeal
• The Government of Canada has decided to appeal the Cowichan ruling, as further legal clarity is needed on the complex land title issues involved in this case, given the potential for significant nation-wide implications of the ruling.
• This decision to appeal does not diminish our commitment to upholding our legal obligations to Indigenous Peoples.
• As this matter is before the Courts, we are not in a position to comment further on the proceedings at this time.