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B.C. and other defendants are appealing the ruling, with Eby saying his government is gathering evidence to pause the case, noting that the uncertainty it creates is "toxic" to the work with First Nations, businesses and the economy.

The B.C. Court of Appeal also approved a challenge by two other First Nations on B.C.'s mineral tenure system last week, giving "immediate legal effect" to the United Nations Declaration on the Rights of Indigenous Peoples, on which B.C. based its Declaration on the Rights of Indigenous Peoples Act. 

Eby says that decision invites "endless litigation" and has created more uncertainty and conflict.

He says Attorney General Niki Sharma is working to amend the law, along with the Interpretation Act that governs how laws should be implemented.

Trevor Halford, the interim leader of the Conservative Party of B.C., called on the NDP government this week to recall the legislature in order to repeal the declaration act after the province's Appeal Court ruled in favour of the Indigenous groups over B.C.'s mineral claims regime.

Last month, then Conservative leader John Rustad called for an immediate pause on all negotiated Aboriginal-title agreements until the Cowichan ruling is "resolved."

Eby told the luncheon on Wednesday that would put several major private and public projects at risk. 

"It would be chaos," he said.

Eby says he met with First Nations leaders this week, and was transparent and consistent in his messaging that any reconciliation work by government "has to respect private properties."

"We have to go to the wall to defend those private properties, and that is the end of the story. People's homes and businesses are not bargaining chips," he said, referring to the Cowichan Tribes decision. 

"We will protect private property owners. We will fix this because the uncertainty this case creates is toxic to the work we have to do with First Nations and businesses and the economy that we have to grow."

The Cowichan Tribes did not seek to have private titles invalidated in their case. But critics worry the ruling could undermine private land ownership — known as "fee simple" title — because the ruling says sections of the Land Title Act that establish fee-simple title as "indefeasible" do not apply to Aboriginal title.

This report by ºÃÉ«tvwas first published Dec. 10, 2025.