If you live, work, invest or develop property in Victoria, Oak Bay, the Saanich Peninsula, or the Westshore, two fast-moving Indigenous land-rights stories in British Columbia matter to you:
The August 2025 court decision recognising the Cowichan Tribes’ Aboriginal title over parts of Richmond (Lulu Island/Tl’uqtinus).
A fresh Aboriginal title filing in Kamloops by the Tk̓emlúps te Secwépemc and allied Secwépemc communities.
Below I break down what the Richmond ruling says, how the Kamloops direction is shaping up, and the practical implications for open or forthcoming cases in the Victoria region — including higher-risk zones in Oak Bay, Saanich, the Peninsula and the Westshore.
1) What the Cowichan (Richmond) Decision Actually Decided
In the case Cowichan Tribes v. Canada, 2025 BCSC 1490, the British Columbia Supreme Court:
Recognised Aboriginal title for the Cowichan Tribes over a defined portion of land around a historic village site called Tl’uqtinus on Lulu Island (in present-day Richmond) and also recognised an Aboriginal right to fish on the south arm of the Fraser River.
Found that certain Crown-granted fee simple titles held by public bodies (the federal Crown and the City of Richmond) within the title lands were defective and invalid because those grants unjustifiably infringed Aboriginal title. That invalidity was suspended for 18 months (to allow for negotiation and an orderly transition).
Made clear that Aboriginal title and fee simple can co-exist on the same parcel; the Court did not strike down private third-party titles in this decision, but insisted that the Crown has a duty to negotiate reconciliation of overlapping rights.
Why this matters beyond Richmond: The Court reaffirmed that provincial Crown grants cannot simply extinguish Aboriginal title, and that the Land Title Act doesn’t automatically “shield” fee simple owners from Aboriginal title declarations. This sets precedent across B.C., including in Victoria and surrounding municipalities.
2) The “Kamloops Case”: What’s Unfolding
On November 5, 2025, Tk̓emlúps te Secwépemc (and allied Secwépemc parties) publicly signalled a broad Aboriginal title action over Secwépemc lands including the City of Kamloops area. While full court documentation is still emerging, this signals a continuing trend: formal title claims in urban or semi-urban settings, not just remote or “rural” lands. From a Greater Victoria perspective, this reinforces that title litigation is not just a Richmond-or-Fraser-Valley phenomenon — it’s very much applicable here.
3) What This Means for Victoria, Oak Bay, Saanich, Peninsula & Westshore
a) Stronger emphasis on negotiation first
The Richmond decision reinforces that overlapping land rights must be negotiated, not assumed resolved by fee simple processing. For Victoria and Oak Bay, that means municipalities, developers and landowners should expect more structured Crown–First Nation–municipal tables around projects, land use and shoreline access. Thinking “title finished once registered” is no longer adequate.
b) Consultation risk higher — and due diligence required
While duty to consult is nothing new, the legal and business risk now is heightened given the possibility of formal Aboriginal title declarations in developed$/developing areas. In the Victoria/Oak Bay region (and Westshore/Saanich Peninsula) lenders, insurers and developers may demand enhanced due diligence:
Identify historic village sites or “enclosed fields” promised under early treaties.
Flag whether a parcel lies within known treaty reservation zones or known First Nation asserted territories.
Build in time for negotiation outcomes, not just municipal permitting.
c) Higher-risk zones in Greater Victoria & the Peninsula
Here are areas of particular interest where known Indigenous claims or treaty-related historical interests may elevate risk. This is not a definitive list of “claims happening now,” but zones where extra care is prudent:
Cadboro Bay / Oak Bay / Saanich (east side of the Peninsula)
The Songhees First Nation have long-standing claims linked to their historic village site at Cadboro Bay, including treaty promises around village sites and enclosed fields. One legal filing mentions that the Treaty promised approx. 80 hectares around the village site plus about 16 hectares of fields.
In particular: Uplands, Royal Victoria Yacht Club lands, and Cadboro Bay beach-front neighbourhoods are often cited in historic claims. This covers territory in both Oak Bay and Saanich.
Because these areas are historically significant, any waterfront redevelopment, excavation, shoreline works or major rezoning deserves extra scrutiny.Oak Bay shoreline (Willows Beach / Willows Road area)
Some sources note that an ancient village “Sitchanalth” was located at what is now Willows Beach in Oak Bay. That suggests heightened archaeological/cultural sensitivity for properties in that stretch.
If you’re handling property around Willows Beach, Willows Road, or near the Oak Bay waterfront, this is a zone where treaty-village/field-site claims have been referenced.Victoria Inner Harbour / Uplands / downtown waterfront
The Songhees and Esquimalt Nation have historic relocation narratives and treaty obligations around village sites and fields in the Victoria harbour/Inner Harbour area. While many things have been settled, the presence of deeply historic village footprint and burial sites means property development in and around the Inner Harbour, Johnson Street Bridge corridor, waterfront upland parcels remain higher risk.Westshore & Sooke-Area fringe
While less immediately documented than the downtown/Oak Bay corridor, the Peninsula (including Saanich Peninsula), Highlands, and Westshore developments especially adjacent to foreshore/estuary/harbour areas should anticipate cultural site risk and First Nation assertion of rights to “unoccupied lands” under older treaties. Any project near shoreline, creek mouths, estuaries or tidal marshes deserves early engagement.
d) What to do if you own, buy, build, or develop
Engage Indigenous rights-holder groups early: particularly Songhees, Esquimalt Nation, and any local Nation whose historic territory overlaps your parcel.
In your title/transaction due diligence, ask for an enhanced review of “village site / enclosed field” risks (especially in the zones above).
Build a buffer for timetable and budget: permit approval + rights-holder engagement + heritage/archaeological review.
Monitor provincial guidance: the Richmond decision triggered government statements that transactions are continuing, but the legal landscape remains unsettled for up to 18 months (or longer if appealed).
If a key parcel touches shoreline, foreshore, or historically occupied lands (village site, camas field, estuary marsh), require specific cultural heritage assessment as a condition precedent or contingency.
4) Key Facts at a Glance
The Cowichan decision declares Aboriginal title over approximately 1,846 acres in Richmond (Lulu Island) including submerged lands.
The Court suspended invalidity of certain public Crown fee simple titles for 18 months so reconciliation could be negotiated.
Private third-party titles were not automatically invalidated in that decision, but the Crown has a duty to negotiate if Aboriginal title is present.
In Greater Victoria region, the Douglas Treaties (1850-54) signed with the Songhees/Esquimalt groups included promises of village-sites and enclosed fields.
Historic claims around Cadboro Bay (Oak Bay/Saanich) reference approximately 80 hectares around the village site plus about 16 hectares of field-sites.
Shoreline, estuary, and foreshore zones are higher risk simply because they are historically used resource, village or field sites and have not always been surveyed/excised clearly.
5) Final Word for Victoria & Oak Bay
For homeowners, buyers, realtors, and developers in Oak Bay, Saanich, the Peninsula or the Westshore, the smart play is not panic — but planning. Recognise that overlapping land rights must become a routine part of your checklist. The law is shifting to say that title registration is not always the final word if there are underlying Aboriginal title or treaty-based rights.
If your property or project touches Cadboro Bay, Willows Beach, Uplands, Inner Harbour or any shoreline neighbourhood in Oak Bay or Saanich, build in extra time and engage early with rights-holder Nations like Songhees and Esquimalt.