Premier David Eby faces an unwelcome challenge as he prepares to promote British Columbia as Canada's economic engine and a prime destination for investment. The source of this challenge is a pointed question from a influential international publication: "Do property rights still exist in B.C.?"
A Headline That Hits at the Wrong Time
This provocative headline, published online by the Wall Street Journal on Sunday, December 22, 2025, carries significant weight within global investment circles. The article delves into the ongoing repercussions of a landmark B.C. Supreme Court decision from August 2025. That ruling recognized Aboriginal title for the Cowichan Tribes over specific private lands in Richmond, establishing it as a "senior and prior" right compared to private fee-simple title.
Journalist Vipal Monga reported that the ruling has unsettled the high-value real estate markets of Greater Vancouver, one of the world's most expensive. The core concern, as outlined in the Journal, is that the court's finding potentially undermines the principle of "indefeasible title"—the legal bedrock guaranteeing absolute certainty of land ownership. This has sparked fears of a precedent that could jeopardize billions of dollars in real estate investment.
Business Concerns and Government Response
The Wall Street Journal story quoted several experts highlighting the decision's negative implications. Lawyers Thomas Isaacs and Robin Junger, along with tax services realtor Paul Sullivan, expressed worries about the impact on private property, the provincial economy, and investor confidence.
In response, Premier Eby has been vocal in his criticism of the court's decision, labeling it as "overreaching" and "unhelpful." He has pledged that his government will "go to the wall" to defend private property rights. According to the Journal, Eby's office is considering a financial guarantee program. This backstop would aim to reassure banks and lenders, ensuring they continue to provide mortgages and financing despite the new legal uncertainties surrounding property titles.
Indigenous Leaders Uphold the Declaration Act
As the Wall Street Journal's analysis sent ripples through the business community, the Eby government simultaneously faced a firm response from Indigenous leadership. On Monday, December 23, a coalition of two dozen First Nations, tribal councils, and organizations issued a news release with the headline: "First Nations Leaders Across B.C. Uphold Declaration Act as Backstop of Certainty."
This statement serves as a direct counterpoint to the concerns about uncertainty raised by the business and legal communities. The leaders pointed to B.C.'s Declaration on the Rights of Indigenous Peoples Act (Declaration Act) as the true foundation for stability and certainty. This legislation enshrines the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into provincial law.
The situation places the provincial government in a complex position. It must navigate between addressing legitimate concerns from the investment sector about legal clarity and upholding its legislative commitments to reconciliation and Indigenous rights under the Declaration Act. How Premier Eby manages this dual pressure will be closely watched as he seeks to position B.C. as a welcoming and stable place for economic investment in the coming year.
