FOR IMMEDIATE RELEASE
Musqueam Files Appeal in BC Supreme Court Cowichan Tribes v Canada Judgment
Appeals Divisive Decision on Aboriginal Title and Fishing Rights in Canada’s Longest Trial
September 5, 2025
xʷməθkʷəy̓əm Territory, Vancouver, BC – Today, Musqueam Indian Band announced it has filed a notice to appeal the Cowichan Tribes v Canada Supreme Court of BC decision, which declared that five Vancouver Island First Nations have Aboriginal title to lands in Richmond and Aboriginal fishing rights to the south arm of the Fraser River, which is traditional Musqueam territory.
“Musqueam is deeply concerned by this judgment, particularly its potential impacts on future land claims and court declarations of Aboriginal rights to another First Nations’ core territory,” said Chief Wayne Sparrow, Musqueam Indian Band. “Like many Musqueam families, I come from generations of fishers who worked tirelessly to protect our territory, rights and resources. We will continue to follow the guidance of our Elders and ancestors by vigorously appealing this decision and thank the many other First Nations who have offered their support.”
The 863-page judgment, released on August 7, 2025, granted the five Cowichan First Nations Aboriginal title to approximately 745 acres – almost 200 acres more than the size of Musqueam’s main reserve (Musqueam #2). It also declared the plaintiffs have an Aboriginal right to fish all species for food in the south arm of the Fraser River. Musqueam was one of a number of defendants in the trial, specifically arguing against the encroachment of land claims by neighbouring First Nations to territory that was occupied and stewarded by hən̓q̓əmin̓əm̓-speaking Musqueam peoples for millennia.
“As another defendant on the case, we wholeheartedly support Musqueam in choosing to appeal and are also moving forward with our own appeal,” said Chief Laura Cassidy, Tsawwassen First Nation. “Our ancestors have stood side by side in this territory and we will continue to support and defend it, together.”
Musqueam will now work with its legal counsel Blakes LLP on the appeal strategy; details will be shared in the course of the appeal. Other defendants who have announced they are appealing the decision include the Province of BC and the City of Richmond. Musqueam has also received support from many of its partners and other First Nations.
More information on the initial judgment and background on Musqueam can be found at https://www.musqueam.bc.ca/news-release-08-08-25/.
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