Hundreds of concerned residents packed into the Sheraton Vancouver Airport Hotel in Richmond Tuesday evening to learn more about the recent Cowichan title decision and the impact the landmark ruling may have on their property rights.It was supposed to be an opportunity for land owners in the impacted area to engage in dialogue directly with city officials, but tensions flared as the former failed to get the answers they were looking for..Richmond Mayor Malcolm Brodie was the first to speak, assuring residents the city would do everything in its power to overturn the court's decision..The city's lawyer echoed Brodie's sentiments, arguing that the judge got it wrong and that aboriginal title "cannot coexist" with fee simple ownership."There cannot be two competing rights of exclusive ownership and possession of the same land," he declared, noting that will be the crux of Richmond's appeal.The remainder of the night was dedicated to hearing from land owners..Among those who spoke up was Tanveer, who has lived in Richmond since 1975 but was recently told by his lender that they will not be renewing his mortgage as a result of the court's decision.He did not mince words, asking the mayor and his team point blank why they did not reach out to land owners in Richmond at any point since the case was filed in 2014."The obligation to notify is that of the plaintiffs," the city's lawyer explained before being cut off.Tanveer proceeded to ask those on stage to ditch the legalese and come clean to residents, a question that garnered applause from the audience."Answer the question!" they called out. "It would have been basic decency on your part!"Brodie failed to do so, and began to get visibly annoyed.Eventually Tanveer's microphone was cut, but he persisted, continuing to grill the mayor even as staff ushered him back to his seat.He set the tone for the rest of the speakers, most of whom also asked why they had not been notified earlier.Each time, Brodie simply said it was not the city's responsibility..The evening concluded with brief remarks from BC Attorney General Niki Sharma, one of the many provincial politicians in attendance.She vowed to "vigorously defend" private property rights, maintaining that fee simple ownership is a "paramount legal structure" over aboriginal title..GIESBRECHT: Richmond mayor warns property owners that the Cowichan case puts their titles at risk.Brodie first notified residents earlier this month, weeks after the ruling was handed down.The initial claim was filed by a coalition of First Nations in 2019 in an attempt to regain control over ancestral territory along the Fraser River that is currently owned by the federal Crown, BC government, Vancouver Fraser Port Authority, Richmond, and private entities.In the Supreme Court ruling, Justice Barbara Young granted title to a 80 hectare portion of the land in question."In my view, aboriginal title currently lies beyond the land title system in British Columbia and the Land Titles Act does not apply to it," Young wrote. "It therefore cannot be said that a registered owner's title under the LTA is conclusive evidence that the registered owner is indefeasibly entitled to that land as against aboriginal title holders and claimants."
