BC Supreme Court has ruled in favour of the Quw’utsun Nation’s land and fishery claim in Richmond.
The case dealt with Aboriginal title to nearly 750-hectares of land that is the site of a former village on the south shore of Lulu Island, now within the city of Richmond, as well as the Aboriginal right to fish the south arm of the Fraser River for food.
The land was taken away during the 1870s.
The plaintiffs in the case were Cowichan Tribes, Stz’uminus First Nation, Penelakut Tribe, and Halalt First Nation, as well as the supporting Lyackson First Nation.
The defendants were the Attorney General of Canada, British Columbia, Richmond, Vancouver Fraser Port Authority, the Musqueam Indian Band and the Tsawwassen First Nation
The Quw’utsun First Nations call it a historic victory, with the court declaring they have Aboriginal title to the lands at their Tl’uqtinus village site under Canada’s Constitution Act of 1982 and the right to fish the south arm of the Fraser River.
The court ruled the titles and interests in the lands held by Canada and Richmond are defective and invalid, except for the Vancouver Airport Fuel Delivery Project Lands.
BC Supreme Court also says BC has a duty to negotiate in good faith regarding property within the claim area that is held by third parties.
The Chiefs of the Quw’utsun Nation plan to review the judgment with their legal team.
In their news release, the Quw’utsun Chiefs give thanks to the Knowledge Holders who spoke as witnesses in this case, including late Chief William Seymour Sr., former Chief Lydia Hwitsum, Arvid Charlie, late Norbert Sylvester, Ernie Elliott, Larry George, late Wes Modeste, Chief John Elliott, Councillor Ken Thomas, late Florence James, and Grand Chief Pahalicktun (Richard Thomas).
Testimony before the court lasted more than five hundred days and closing arguments wrapped up in the autumn of 2023.
BC Supreme Court Justice Madam Justice Barbara Young released her judgement Thursday in Victoria.
