B.C. Conservative Rustad stoking ‘baseless’ land ruling fears: First Nations leaders

VANCOUVER – First Nations leaders in British Columbia say provincial Conservative leader John Rustad is using “dangerous and cynical rhetoric” in his response to a landmark court decision that recognizes Aboriginal title of the Cowichan Tribes over private and government-owned land in Richmond, B.C. 

The council says Rustad’s request for an immediate pause on all negotiations between the province and First Nations until Canada’s High Court gives clarity on the ruling stokes “baseless fears” and weaponizes the basic rights of First Nations. 

B.C. Attorney General Niki Sharma told Rustad in the legislature on Monday that the province was the first to appeal the case to defend the rights of property owners, and Rustad’s suggestion to send the case directly to the Supreme Court of Canada for a reference decision would only result in an opinion, not binding on any party.

She says the province argued in the original case that private title “sits above” aboriginal title, which had undergone “displacement and suspension.”

August’s B.C. Supreme Court ruling says the tribes have Aboriginal title over a portion of land on the Fraser River, that Crown and city titles on the land are defective and invalid, and the granting of private titles by the government unjustifiably infringes on Cowichan title.

Sharma says the B.C. Court of Appeal will address multiple grounds of appeal and they’ll continue to challenge the case with all the tools of government. 

“We know that upholding private property rights is very key and critical work along with the work of reconciliation,” Sharma told the legislature during question period. 

“This will always be our approach to resolve outstanding questions of legal theory, and attack them when we need to and, also, sit down with First Nations to try to resolve issues and bring forward a final resolution of some of the past wrongs.” 

The council’s statement says Aboriginal title and fee simple private ownership can and do co-exist, and recognition of the legal and political fact is not a threat to the stability and prosperity of B.C. 

The council, made up of leaders from the B.C. Assembly of First Nations, the First Nations Summit and the Union of B.C. Indian Chiefs, said in its statement that it’s also disturbed by Richmond Mayor Malcolm Brodie’s letter to property owners in the land claim area, calling it “alarmist commentary.” 

The letter warns those owners that the court’s decisions could negatively affect the title of their property.

The city, which is also appealing the court decision, is hosting a public information session next week on the issue. 

This report by The Canadian Press was first published Oct. 21, 2025.