Background
The British Columbia Supreme Court’s ruling in Cowichan Tribes v. Canada (Attorney General) (2025 BCSC 1490) declared Aboriginal title for the Cowichan (Quw’utsun) Nation over approximately 800 acres of land in Richmond, BC, including areas with private fee simple ownership.
This landmark decision, the first to establish Aboriginal title over privately held lands in Canadian history, has wide-ranging potential to decimate our economy completely. If you don’t think this is possible or “could never happen,” watch the rational, non-political interview with Queen’s Law Professor, Bruce Pardy.
We could also see a complete reversal of the intended objectives of reconciliation, leading to a rise in anti-Indigenous sentiment. UNDRIP must be repealed to avoid the potential divisiveness it could cause in Canadian society.
Consider the key points below:
- Invalidation of Fee Simple Titles: The ruling deems specific Crown grants and municipal titles “defective and invalid” where they infringe on Aboriginal title, creating a precedent that challenges the security of registered private and commercial property titles. The threat of land expropriation is already extending to subsurface rights, mining claims, and other resource developments. https://bcbusiness.ca/industries/indigenous/mining-undrip-british-columbia/
- Precedent for Future Claims: The decision certainly encourages similar claims by other Indigenous groups across BC and Canada, affecting billions in land value and leading to more litigation over overlapping claims.
- Deterrence to Investment. Affected lands in Richmond (valued at over $2 billion pre-ruling) have seen sharp drops, with examples like a hotel selling for half its appraised value ($51.5 million vs. $110 million) and halted loans (e.g., a $35 million construction loan terminated). The most problematic implication of UNDRIP. Such a punitive land back policy will literally stop all sectors of development in BC, which in turn can have detrimental economic impacts on Indigenous peoples.
3 Simple Paths to Advocacy
- Do It Yourself or Hire a Policy Consultant
The policy consultant is not a lobbying role per se; it can be an FTE or a contract, and it is likely to be one of the best hiring decisions you can make. The role is one of political neutrality, advocating for your industry. A private-public collaboration that will make life better for all Canadians.
The policy consultant’s responsibilities would focus on 3-4 fundamental operational pillars, including maintaining regular contact with elected officials at all levels of government. For UNDRIP, it means your local MLA, the Premier’s office, and industry-related ministers. Do you know the name of your MLA? See the link here: https://www.leg.bc.ca/members/find-mla-by-constituency
- Demand Change
Regardless of which political party is in power, the BC government must not only appeal the Cowichan Valley ruling but also categorically detach itself from UNDRIP and organizations such as the United Nations, which have no business setting or influencing policy in our country. While the UN might have good intentions, it is not elected to form policy for British Columbians.
In addition, all levels of government in Canada must denounce and remove all direct influence and policy-setting by outside organizations, including the UN, WEF, and WHO. Use formal letters, meetings, or submissions during legislative sessions to hold all levels of government accountable by assigning your policy consultant to intervene in court cases. If your business is directly attacked and becomes vulnerable, consider intervening with ongoing litigation or filing challenges arguing that UNDRIP overreaches provincial authority.
- Support Existing Business Associations
Participate in Industry Groups such as the Business Council of British Columbia (BCBC), the Mining Association of BC, the Council of Forest Industries, or the BC Chamber of Commerce. Both have expressed concerns about UNDRIP-related uncertainty and submitted feedback on related legislation (e.g., proposed changes to the Heritage Conservation Act). Joining these organizations allows businesses to amplify their voice through collective submissions, reports, and campaigns. Collaboration with like-minded businesses enables the creation of ad hoc groups to underscore the need for sector stability. Past examples have influenced government pauses or revisions, and mid-market companies need to have faith that their efforts will pay off.
Involvement and further investigation can lead to uncovering faux organizations hurting the BC economy, like Coastal First Nations, which pose as Canadian Indigenous champions. In fact, theyare a political advocacy group funded with millions of dollars from far-left American foundations opposed to oil and gas development in Canada.
Conclusion
It’s time for mid-market businesses in BC to act and stop waiting for a government-made solution. We need to create effective, respectful advocacy demands that governments at all levels ditch the word salads and media soundbites like “dialogue” and “consultation.” Part of being in government is being unpopular at times with certain parts of the population. Repealing UNDRIP and admitting this catastrophic mistake will have pushback from the fringe groups, but it will be better for all stakeholders in the long run.
The idea that we are separate people must change as well. I have friends of Indigenous heritage, and I have worked professionally with various bands throughout my career as a management consultant. What I have experienced is that we have far more in common than we have differences. We are either all Canadians or we are not, and the divisive rhetoric that comes from politicians does not help. We need more unity in Canada, not less.
Written by me, assisted with Grammarly AI. 😊
