Cowichan Judgment: Implications for Aboriginal Title Claims and Private Landowners in Alberta and Beyond

Presented by the CBA Alberta Aboriginal Law (South) Section

On Demand. Originally presented on Mar. 31, 2026.

Join us for an in depth discussion of Cowichan Tribes v Canada (Attorney General), 2025 BCSC 1490, a landmark trial-level decision that reshapes how courts assess Aboriginal title claims in urban and developed settings. In this session, we will unpack the Court’s extensive reasons and examine how it approached historical occupation, continuity, exclusivity, and evidentiary proof, as well as the interaction between Aboriginal title and fee simple property rights.

We will situate Cowichan within the post-Tsilhqot’in jurisprudence, highlighting where the decision advances existing doctrine and where it leaves critical questions unresolved, questions that appellate courts may soon address. Our discussion will focus on what this case means in practice for counsel advising governments, Indigenous nations, developers, lenders, and landowners.

Join us as we explore the decision’s likely implications for current and future Aboriginal title claims across Canada, including strategic considerations for parties advancing or defending such claims. We will pay particular attention to the potential consequences for private landowners and other third parties whose interests may intersect with asserted or established Aboriginal title.

With seven appeals of Cowichan now outstanding and Canada’s recent contractual recognition that the Musqueam people hold Aboriginal title within parts of greater Vancouver, Cowichan remains a case of national significance. This presentation will equip practitioners in Aboriginal law, resource development, real estate, and public law with timely insight into a decision that is poised to have enduring practical and doctrinal impact.

PRESENTER

Joshua Jantzi (Co-Chair, Canada Regulatory & Environmental Law, DLA Piper)

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