B.C. Court Boosts Aboriginal Title — What It Means for Pipeline Landowners

The Ruling and the Risk

On August 7, 2025, the B.C. Supreme Court delivered a landmark decision: Cowichan Tribes v. Canada (Attorney General).

The Court ruled that the Cowichan Tribes hold Aboriginal title to certain lands — even underwater areas — despite governments and companies already holding official legal titles there.

Why this matters:
Aboriginal title now outranks the usual fee-simple title you see in the Land Title Office. If a First Nation government holds title, it is treated as the senior landlord. Governments — and pipeline companies — must deal directly with that First Nation, even if you already have rights there.

This ruling is binding in B.C. only — for now. But it’s persuasive across Canada, meaning other courts could adopt the same reasoning.

The B.C. government is appealing, but until the higher court rules, the decision stands in B.C. And other provinces could still follow its lead.

For pipeline landowners:
This could change who must give permission for work in your right-of-way, how long projects take, and who might get stuck with new costs. You need to keep your property rights protected.