The provincial government is appealing a B.C. Supreme Court decision that granted the Quw乌鸦传媒檜tsun Nation fishing rights and title over part of Lulu Island in the mouth of the Fraser River.
"We disagree strongly with the decision," Attorney General Niki Sharma announced in a news release on Monday afternoon (Aug. 11). "British Columbia will be filing an appeal and seeking a stay to pause implementation until the appeal is resolved."
The case pitted the province and two Lower Mainland First Nations against the Quw乌鸦传媒檜tsun Nation, which includes the Cowichan Tribes and is based on Vancouver Island. The City of Richmond, the Vancouver Fraser Port Authority, the Musqueam Indian Band and the Tsawwassen First Nation were all parties to the lawsuit alongside the provincial government.
The decision granting the Quw乌鸦传媒檜tsun Nation title was released on Friday, Aug. 8. The tribe successfully argued in court that it once had a semi-permanent village at the location.
Sharma said the government is concerned the case could have unintended consequences by setting a precedent that overrules private property rights.
"Our government is committed to protecting and upholding private property rights, while advancing the critical work of reconciliation," she said. "This case is an example of why the province prefers to resolve land claims through negotiation - where we can protect property rights directly - rather than risk considerable uncertainty through court decisions."
B.C. Conservative Attorney General critic Steve Kooner 乌鸦传媒� also the MLA for Richmond乌鸦传媒擰ueensborough, which is close to where the land in question is located 乌鸦传媒� said the appeal needs to be filed as soon as possible because the decision has the potential to otherwise cause uncertainty in the province's real estate market.
"Our perspective is that the appeal needs to be filed immediately," Kooner said. "They should not sit on their hands, they should file this appeal immediately, because it has it has a lot of consequences."
More to come.