FOR IMMEDIATE RELEASE
Canada’s longest trial in history ends with devastating decision impacting Musqueam’s Aboriginal title and fishing rights
August 8, 2025
xʷməθkʷəy̓əm Territory, Vancouver, BC – Musqueam Indian Band Chief and Council are deeply offended by the recent Supreme Court of British Columbia decision on Cowichan Tribes v Canada. Leadership and our entire community fundamentally disagree with the court’s decision to ignore traditional governance practices which have guided intercommunity relationships since time immemorial.
“Musqueam is extremely disappointed that Cowichan Tribes, Stz’uminus, Penelakut, Halalt and Lyackson would go against our shared Coast Salish protocols and challenge our traditional resource-sharing practices. It is especially concerning that they resorted to the colonial legal system, which was not established to respect or reflect our traditional teachings,” said yəχʷyaχʷələq, Chief Wayne Sparrow, Musqueam Indian Band.
“We are particularly disheartened the court didn’t recognize the importance of oral history and traditional governance protocols which guide intercommunity relationships since time immemorial. Musqueam has always granted access to First Nations with direct family relations to stay on our shores and fish in our water, but that access comes with the recognition and respect that the south arm of the Fraser River has been stewarded by Musqueam.”
In the Supreme Court of British Columbia’s judgment released August 7, 2025, trial judge Justice Young affirmed the Cowichan plaintiff’s two claims which included:
- Aboriginal title to a part of Richmond opposite Tilbury Island within Musqueam’s traditional territory
- right to fish the south arm of the Fraser River.
The full 863-page judgment, which took more than one and a half years to complete due to the length of the trial, will be available on the BC Supreme Court’s judgment webpage today.
Musqueam is undeterred. Ever since colonial contact and especially since the Indian Act was imposed, Musqueam has worked to restore our sovereignty and self-determination through the courts, negotiations and direct action. We have long been at the forefront of championing Indigenous rights, including through two landmark Supreme Court of Canada cases in the past 50 years: Guerin v The Queen (1984) and R v Sparrow (1990).
Musqueam will continue to vigorously defend its rights and be guided by the work of our past leaders, including the signing of the Musqueam Declaration in 1976 which asserts our rights and clearly defines our core territory. More information on the Musqueam Declaration can be found in the backgrounder.
Musqueam Chief and Council have directed staff and legal counsel to review the judgment in detail and consider Musqueam’s next steps.
Chief Sparrow is available to discuss the decision today on Musqueam’s traditional territory from 11am to 1pm. Contact Odette Wilson for more details.
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Media Contact
Odette Wilson, Communications Officer
[email protected]
236-885-7335
Backgrounder
Overview of the Case
In 2014, four Vancouver Island First Nations — Cowichan Tribes, Stz’uminus, Penelakut, and Halalt, also on behalf of Lyackson — filed an Aboriginal title lawsuit claiming approximately 1,900 acres of Crown land on Lulu Island in Richmond, BC. They assert this area was a significant village and fishing site which was excluded from their reserve lands.
The plaintiffs’ claim targets Crown and municipal land, and seeks recognition of Aboriginal title to the lands and fishing rights to the south arm of the Fraser River. The trial, which was the longest ever in Canada at 513 trial days, concluded in November 2023. Justice Young released the decision on August 7, 2025 ruling in favour of the plaintiffs.
Musqueam’s Position
Musqueam strongly disagrees with the Court’s reasons and outcome. The Court gave little weight to Musqueam’s oral history and Indigenous perspective, and gave primacy to settler journals and maps interpreted through the lens of non-Indigenous experts. Our oral histories — a vital and respected part of Indigenous cultures — clearly show our deep and continuous connection to the claimed lands and waters.
We believe the evidence shows Cowichan’s claims are unfounded, and that Justice Young’s ruling reflects a colonial legal framework that continues to devalue Indigenous legal traditions and oral histories.
Musqueam Declaration
The Musqueam Declaration was signed on June 10, 1976 by Musqueam members and leadership to declare our inherent rights to our lands, waters, resources and self-governance within the territory occupied and used by our ancestors.
It clearly defines in writing and on a map what our oral history tells us is our core territory, where our ancestors lived and gained their livelihood. It also states what we understand to be our rights within our territory, as passed down from our elders, and our intent to protect those rights. Musqueam has a rich culture of oral history and it was this oral history that was used in the case. Unlike the Cowichan plaintiffs, Musqueam has never moved boundaries.
Maps and Boundaries
Below is a map of Musqueam’s traditional and unceded territory.
Read the full Musqueam Declaration here.
Previous Cases Involving Musqueam
There are two precedent-setting Supreme Court of Canada decisions where Musqueam championed Indigenous rights and the advancement of Aboriginal Law in Canada.
- Guerin v The Queen (1984) is a landmark Supreme Court of Canada case that recognized the Crown’s fiduciary duty to Indigenous peoples. In 1957, the government leased Musqueam reserve land to a golf club under unfavorable terms without the community’s knowledge. Chief Delbert Guerin discovered the deception in 1970, and Musqueam sued in 1975. Ultimately, the Supreme Court of Canada ruled in Musqueam’s favor, affirming that the Crown must act in the best interests of Indigenous peoples and that Aboriginal rights are legally enforceable due to their unique (sui generis) nature.
- In R v Sparrow (1990), the Supreme Court of Canada defined ‘existing’ Aboriginal rights and recognized that these rights have never been extinguished. This was the first major court interpretation of Section 35 of the Constitution Act, 1982, which “recognized and affirmed” Aboriginal rights in Canada. Initially convicted of fishing illegally, Musqueam band member Ronald “Bud” Sparrow was cleared by the Supreme Court and Musqueam’s ancestral right to fishing was upheld.
These cases are just two of many milestones in Musqueam’s long history of resisting colonial oppression, and they demonstrate that we will always fight to protect our inherent rights within our territory, just as our ancestors have done for generations.
Traditional vs. Colonial Ways of Resolving Conflict
Indigenous peoples have practiced their own forms of conflict resolution — grounded in respect, dialogue, and community. In Coast Salish tradition, families would come together in our longhouses to work through disagreements, and be guided by our long-established laws, values and teachings. This approach has worked for our communities since time immemorial.
Musqueam is saddened that Cowichan Tribes, Stz’uminus, Penelakut, Halalt and Lyackson have chosen to use the colonial court system against the traditional Coast Salish ways of intercommunity governing. The outcome of this case does not resolve our differences and does not reflect our teachings.
