Buying or Building in the Cowichan Valley? Here’s What to Know About Recent Title Rulings 

                    

What Happened

In August 2025, the BC Supreme Court recognized Cowichan Aboriginal title to parts of Tl’uqtinus in the City of Richmond (on Lulu Island).
The Court also found that certain government held titles in that area were invalid. However, it paused the effect for 18 months so that Cowichan Tribes and government can negotiate a structured path forward.The decision made it clear that Aboriginal title is not erased by land grants or land title registration. The Province and other parties have since filed appeals, so more clarity is still to come.There have also been new legal filings asserting Aboriginal title near Kamloops, which are currently in early stages. More details will become available as the case progresses.

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How This Relates to the Cowichan Valley

The Cowichan Valley (Duncan, Mill Bay, Crofton, Chemainus, Shawnigan, Cobble Hill, Lake Cowichan) is located within the traditional territories of several Hul’q’umi’num speaking Nations including:

• Cowichan Tribes
• Stz’uminus First Nation
• Halalt First Nation
• Penelakut Tribe
• Lyackson First Nation
• Malahat Nation
• Ts’uubaa asatx (Lake Cowichan First Nation)

Local governments already work with these Nations during planning and development reviews. This collaboration is expected to continue and gradually become more structured, not restrictive. In other words, development in the region continues, and the real focus is on early communication and respectful planning.

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Reassurance for Homeowners and Buyers

Your ownership is not cancelled.
Private titles were not struck down.What the decision clarifies is that Aboriginal title is a senior interest in the land that must be respected and meaningfully reconciled through planning and agreement. The outcome of the ongoing appeals will provide further certainty. Real estate transactions, building permits, and development applications continue to move forward.

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Practical Steps for Future Projects

If you are planning construction, subdivision, or land improvement, the best way to ensure smooth progress is to plan early and gather proper information.Recommended steps:

1. Check proximity to water such as rivers, lakes, or foreshore areas.
2. Include archaeological and cultural screening early in project planning.
3. Consult with the relevant First Nation(s) before designs and budgets are finalized.
4. Work with professionals who have experience in Cowichan Valley development.

These steps are already standard practice in many local projects and help avoid delays later.

Outlook for the Region

Stay confident. Stay informed.
Thoughtful planning is the key.BC is progressing toward clearer and more collaborative land stewardship processes. In the Cowichan Valley, builders, homeowners, local Nations, and municipalities are already working together to ensure that growth continues in a responsible and respectful way.Projects that include Indigenous engagement from the beginning tend to move more smoothly and create results that everyone involved can stand behind.If you are considering a purchase, renovation, building project, or subdivision, I can help you map out a due diligence plan and connect you with the right resources, so you can move forward with clarity and confidence.
Contact me