Cowichan decision prompts new Indigenous land claim in B.C.

The Dzawada'enuxw First Nation filed a civil claim on Jan. 26 seeking a declaration that about 650 hectares around Kingcome Inlet are Indian settlement lands, citing last summer's Cowichan decision. Officials for the landowners say they are engaging with the nation and a related Cowichan hearing is scheduled before Justice Barbara Young on Feb. 13.

The Dzawada'enuxw First Nation has filed a lawsuit in B.C. Supreme Court seeking recognition that roughly 650 hectares around Kingcome Inlet are Indian settlement lands. The claim relies on a B.C. Supreme Court ruling from last August that recognized pre‑Confederation "Indian settlement lands" and treated Aboriginal title as a senior interest above fee simple titles. Most of the land named in the claim is held by Interfor and the Nature Trust of British Columbia, and officials for those owners say they are engaging with the nation; there is no active logging reported. Key facts: - The Dzawada'enuxw filed their civil claim on Jan. 26 seeking a court declaration over about 650 hectares at Kingcome Inlet. - Much of the area is owned by Interfor and the Nature Trust of British Columbia, the latter having conserved land there since 1980. - The claim cites the August Cowichan decision, which recognized certain historical Indian settlement interests above fee simple titles. - A related matter arising from the Cowichan decision is scheduled for argument before Justice Barbara Young on Feb. 13, and the provincial government has filed appeals in other recent cases tied to Indigenous rights. Summary: The claim builds on the Cowichan judgment and raises questions about lands that were granted through historical Crown grants. Legal challenges and appeals related to how Indigenous rights intersect with private land ownership are ongoing, and a related hearing is set for Feb. 13.