The Parvis Review: Cowichan Tribes v. Canada and What It Means for Real Estate Investors

Parvis has reviewed the decision and its potential implications for real estate development, due diligence, and investor confidence. The following provides a clear, factual summary in line with our commitment to transparency and investor education.

Summary of the Decision

• The court found that lands at the traditional village site of Tl'uqtinus were promised as reserves in the 1850s but were never set aside.
• Instead, the Crown later issued fee simple grants over the same lands without Cowichan’s knowledge or consent.
• The court held that British Columbia did not have jurisdiction to extinguish Aboriginal title, and that Crown grants of fee simple did not displace or extinguish that title.
• Subject to specific infrastructure exceptions, the court declared Canada’s and the City of Richmond’s fee simple interests invalid, with an 18-month suspension to allow governments and Cowichan to negotiate a path forward.
• This is the first Canadian case to recognize Aboriginal title over lands that now include fee simple ownership.
• The ruling also recognized an Aboriginal right to fish for food in the south arm of the Fraser River.

Key Considerations and Potential Impact

• Legal Uncertainty: Legal experts warn of significant uncertainty for fee simple title holders whose lands are located within Aboriginal title claim areas throughout BC, given numerous unresolved claims across the province. Lawyers now advise that assessing Aboriginal title claims has become a necessary component of due diligence, especially for major infrastructure, port lands and waterfront property.
• Government Response: BC Premier David Eby stated that owning private property with clear title is key to borrowing for mortgages and economic certainty, while Attorney General Niki Sharma announced the Province would appeal, citing concerns about significant unintended consequences for fee simple private property rights. The province, City of Richmond, federal government, Musqueam Indian Band and Tsawwassen First Nation have all filed appeals. 
• Reconciliation Framework: The Crown now has an immediate duty to negotiate with the Cowichan on any proposed land uses within the claimed area, and must develop transfer or sharing arrangements within 18 months. Legal experts suggest the likely outcome through good faith negotiation could be a treaty recognizing Aboriginal title while allowing private owners to continue holding fee-simple title. 
• Broader Implications: This case will likely be instructive in other coastal and riverine Aboriginal title claims where Crown grants over historic Indigenous settlements are in dispute, particularly along the Fraser, Skeena and Columbia river systems. The decision establishes that Aboriginal title and fee simple can coexist, with Aboriginal title as the senior interest subject to reconciliation within the framework of the honour of the Crown.

The decision's ultimate impact awaits appellate review, but it represents a significant development in how Canadian law addresses the intersection of constitutionally-protected Aboriginal rights and the modern property system.

Parvis’ Position 

Parvis Invest has reviewed the recent Cowichan Tribes v. Canada (2025 BCSC 1490) decision and wishes to reassure our developer partners and investor clients.

• Limited Scope & Appeals Pending This trial-level decision affects approximately 800-900 acres in Richmond, BC with unique historical circumstances. The Province of BC, City of Richmond, and Federal Government have all appealed, and the court imposed an 18-month stay to allow for negotiated resolution.
• Parvis Due Diligence Remains Robust We review all real estate offerings for any title, zoning, or regulatory risks and ensure issuers have properly disclosed them. Our process is thorough but flexible, allowing us to assess each opportunity on its own merits.
• No Fundamental Change to Risk Profile This decision does not alter the risk profile of well-structured, professionally developed real estate projects in Canada. BC's government has publicly committed to protecting private property rights and fee simple title certainty. Legal experts anticipate negotiated outcomes that preserve private ownership while recognizing Indigenous interests through alternative arrangements.

Bottom Line

Cowichan Tribes v. Canada represents a significant development in how Canadian courts address the intersection of Indigenous rights and the modern property system. While it introduces an element of legal uncertainty in specific geographic contexts, its immediate impact is limited, and the appeals process is underway.

Parvis will continue to monitor the case closely and ensure all offerings on the platform undergo comprehensive review in line with our due diligence standards.

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For questions, please contact:

Jessica Eruchalu
Chief Compliance Officer and Chief Legal Officer
jessica@parvisinvest.com