Does title insurance cover an Aboriginal title claim?

Title insurance policies vary and many exclude Aboriginal or Indigenous title claims. If this is a concern for a specific property, ask your real estate lawyer to read the policy exclusions rather than assuming coverage.

The Cowichan Ruling: What It Actually Means for Ontario Property Rights

Last updated: August 2026 · Episode recorded November 2025

If you own a home in Ontario, the Cowichan decision does not change your title. It is a British Columbia ruling about roughly 732 acres in Richmond, BC, it is under appeal by both the provincial government and another First Nation, and a separate case in New Brunswick reached the opposite conclusion with the Supreme Court of Canada declining to hear it. That is the short answer, and most of the commentary I saw skipped straight past it.

I covered this on the podcast in November 2025 because the headlines were doing a lot of work and the actual decision was doing something narrower. Quite a lot has happened since we recorded, so this is the updated version.

~732

acres in Richmond, BC covered by the decision

2025 BCSC 1490

the citation, if you want to read it yourself

Under appeal

by the BC government and the Musqueam First Nation

Steve Karrasch discussing the Cowichan ruling and what it means for property rights on the Supply and Demand podcast

What the Decision Actually Said

In Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490, released in August 2025, the Supreme Court of British Columbia recognised Aboriginal title over an area of roughly 732 acres in Richmond. What made it genuinely novel is that the area includes privately held fee simple land. It was the first Canadian decision to recognise Aboriginal title over land that includes private ownership interests.

That is a real and significant legal development, and it is why the case drew the attention it did. It is also considerably narrower than “your house could be taken”, which is roughly where a lot of the online conversation landed.

“It’s one of those things where nobody pays attention until it’s too late.”

— from the episode, November 2025

What Has Happened Since We Recorded

This is the part that matters, and it is why an episode from November 2025 needs an update rather than a repost.

August 2025 — the decision

The BC Supreme Court recognises Aboriginal title over roughly 732 acres in Richmond, including private fee simple land.

Appeals filed

The Government of British Columbia appeals. So does the Musqueam First Nation, which asserts its own claim over overlapping territory.

May 2026 — a different answer in New Brunswick

In the Wolastoqey Nation litigation the court holds that a declaration of Aboriginal title is not available over privately held land. On 28 May 2026 the Supreme Court of Canada declines leave to appeal.

June 2026 — a further appeal in BC

A Richmond property owner appeals a decision refusing to let it reopen part of the trial, which may accelerate the case toward the Supreme Court of Canada.

Two courts, two answers

That is the honest state of play. British Columbia and New Brunswick have taken divergent approaches to whether Aboriginal title can be declared over privately held land, and the Supreme Court of Canada has not yet resolved the difference. A trial decision under appeal, contradicted elsewhere, is not settled law.

Steve Karrasch explaining how land title and fee simple ownership work in Canada

What This Means If You Own a Home in Ontario

Directly: nothing changes. This is a BC case about a specific area of Richmond, and Ontario land titles are unaffected by it.

Jurisdiction matters. A BC Supreme Court decision does not govern Ontario property, and it is a trial-level decision under appeal.
The higher-court signal currently points the other way. The Supreme Court of Canada declined to disturb a ruling that Aboriginal title is not available over private land.
Read your title insurance exclusions rather than assuming. Policies vary and many exclude Indigenous or Aboriginal title claims. Your real estate lawyer can tell you in a couple of minutes what yours actually says.
Be careful with the commentary. A lot of it described the ruling as settled and national. It is neither.

If you are buying in BC, that is a different conversation

For a property inside or near an area subject to an active title claim, this is a question for a BC real estate lawyer before you waive conditions, not after. The answer will depend on the specific parcel.

Why I Think This Episode Got 6,900 Views

Because property rights feel foundational. Most of us do not think about the legal basis of our ownership until something suggests it might be less absolute than assumed, and then it becomes very interesting very quickly.

The useful takeaway is not alarm. It is that Canadian land law is genuinely being worked out in real time on a contested question, that courts currently disagree, and that a trial decision under appeal is a long way from a rule that applies to your house.

Adam Nadler hosting the Supply and Demand podcast episode on the Cowichan property rights decision

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Frequently Asked Questions

Does the Cowichan ruling affect my home in Ontario?

No. It is a British Columbia decision concerning roughly 732 acres in Richmond, BC, it does not govern Ontario land titles, and it is under appeal.

What did the decision actually say?

In Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490, the BC Supreme Court recognised Aboriginal title over an area of roughly 732 acres in Richmond that includes privately held fee simple land. It was the first Canadian decision to do so on land including private ownership.

Is it final?

No. The BC government and the Musqueam First Nation have both appealed, and a Richmond property owner has appealed a June 2026 decision refusing to reopen part of the trial.

Have other courts agreed?

No. In the Wolastoqey Nation litigation in New Brunswick the court held that a declaration of Aboriginal title is not available over privately held land, and the Supreme Court of Canada declined leave to appeal on 28 May 2026. Canadian courts currently diverge.

Does title insurance cover this?

It depends on the policy, and many exclude Aboriginal or Indigenous title claims. Ask your real estate lawyer to read the exclusions rather than assuming you are covered.