‘Backdoor dealing’: B.C. farmer decries omission of private owners from Cowichan case

RICHMOND – The co-owner of an eight-hectare farm on the Cowichan Tribes Aboriginal title lands said he and fellow private landowners were unfairly left out of the court case that confirmed the title claim.

Gord Maichin said Friday that the decision of the B.C. Supreme Court not to inform landowners about the case that has set off a debate about its impact on private land ownership was “backdoor dealing” that left the owners unable to defend themselves.

Maichin, speaking at a news conference about the case called by Richmond City Coun. Alexa Loo, said he and his cousins and uncles have owned the farm for 20 years. 

He said provincial and federal governments should have been more transparent and brought private owners to the table during the trial instead of leaving them in the dark.

“But the thing is, in regards to this court hearing, we are owners of this land and we were never told anything about it,” said Maichin, adding that “there would have been more voices to be heard, more lawyers involved.”

“This was backdoor dealing, and we’re just vehemently opposed to the process. We should have been there at the table with the rest of the federal government and provincial government. So, that’s all we have to say. We’re not being treated fairly.”

The court decision in August says the Cowichan Tribes have Aboriginal title over about 300 hectares of land near the Fraser River, that Crown and city titles within it are defective and invalid, and that the granting of private titles by the government unjustifiably infringed on the Cowichan title.

Maichin’s comments came after Loo announced that she would forward a motion to Richmond council on Monday to call on the provincial and the federal governments to support Richmond landowners during an appeal against the ruling.

She said she had heard from land and business owners worried about the Cowichan ruling’s effect on property values, saying the uncertainty is bound to create a financial impact that could “devastate homeowners and businesses.”

“I don’t know anyone who would buy property in the zone unless it was at a steep discount, and the only people who will be able to sell will have to sell at a huge loss to the vultures that are circling,” said Loo.

Loo said people in the affected zone area shouldn’t be the ones bearing the “brunt of this legal decision,” nor should they be “held hostage” to their property for the duration of the appeal. 

Loo said residents from Richmond and across the province purchased their properties in good faith, relying on the Land Title Act. 

“And those people all need to be reassured by the province and the federal government that their voices and interests are not sidelined,” said Loo, adding that “action must be taken.”

The Cowichan Tribes did not seek to have private titles invalidated in their case. But in her ruling Justice Barbara Young said sections of the Land Title Act that establish fee-simple title — the most common form of private land ownership — as “indefeasible” do not apply to Aboriginal title, and fee-simple interests “are not superior to Aboriginal title.”

Loo said both provincial and federal governments carry the “ultimate responsibility” for handling Indigenous relations and settling any land claim issues. 

“They should be initiating discussions and negotiations with the Cowichan. That’s their job, and that’s why I’m calling on the province and the Feds to support Richmond landowners during the appeal process of the Cowichan land claim,” said Loo. 

Loo’s motion will call on council to write to the provincial and federal governments to ask them to mitigate the effects of the ruling on private landowners during the appeal process. 

Several other people who identified themselves as homeowners in the Cowichan title area were also at Friday’s event, but they declined to be interviewed. 

Richmond Realtor Adam Wachtel, who was also at the event, said his phone had been ringing non-stop with clients in Richmond asking whether their home values would be affected, although their properties are not in the title area. 

“People spend a lifetime of savings trying to get home ownership, and then you wake up one day and you have this dark cloud hanging over the property, which could greatly impact your value,” said Wachtel. “Right now the concern is just uncertainty.”

The province says there are about 45 privately owned properties in the 300-hectare Aboriginal title area, and at least 100 more in areas claimed by the Cowichan but excluded from the title zone by the judge. 

Private properties in the title area include farms, multimillion-dollar mansions, and the Country Meadows Golf Course where Friday’s news conference was held.

The office of B.C. Premier David Eby has appointed a “community contact” whose job is to work with residents of Richmond, going door to door to talk to those potentially affected by the landmark Cowichan Aboriginal title decision.

A flyer was sent to residents, saying the community contact’s role is to answer questions and listen to residents’ concerns and experiences, including any effect on “mortgages, refinancing, property sales or permits.”

The declarations in the Cowichan decision were suspended for 18 months, so the Cowichan, Canada, and Richmond have time “to make the necessary arrangements.”

This report by The Canadian Press was first published Nov. 14, 2025.