The recent Cowichan Tribes v. Canada (AG) (2025 BCSC) court decision has prompted significant discussion in BC and across Canada. Some of that discussion has been healthy and respectful, but a large amount of it has been rhetoric and misinformation. The BC Real Estate Association (BCREA) wants to ground our participation in the conversation on one thing: continued trust and confidence in the Torrens system.

BCREA has developed a discussion paper that frames our perspective: Trust as the Foundation of Property Ownership: The Future of Fee-Simple Title and the Torrens System in British Columbia.

This is not a position on the court’s decision, Aboriginal title claim, or the many discussions and decisions that are yet to come in this regard. Rather, it is information and research that can support our efforts and help focus our voice on maintaining trust and confidence, a fundamental aspect of the property title registry system.

We’re sharing this discussion paper today so you can see and understand what is informing our contribution to the conversation. I invite respectful, constructive feedback sent directly to me at tkoot@bcrea.bc.ca. 

The Cowichan Tribes v. Canada court decision has created uncertainty across BC’s real estate sector. In a new video, BCREA CEO Trevor Koot provides context and clarity on the steps BCREA is taking, and shares insight for REALTORS^® during this evolving time. 

Watch the Video

Read the Discussion Paper