The Cowichan Decision – A Constructive Dialogue
February 3, 2026 at 9:00AM PST
Downtown Vancouver and Live Webinar
The Cowichan Decision – A Constructive Dialogue
February 3, 2026
Overview
The recent Cowichan decision by the Supreme Court of British Columbia has received a lot of attention and triggered much debate.
How can Aboriginal Title co-exist with fee simple?
The court applied previous law defining Aboriginal Title. To some interested parties, this decision is a natural progression and long overdue.
How can we reconcile the competing interests going forward?
We will explore the interplay between Aboriginal Title and fee simple.
How can this decision promote reconciliation?
We will explore many of the issues raised in the decision.
Please join us as we facilitate a constructive dialogue.
Key Areas Addressed:
Aboriginal title - the journey
The Cowichan decision determinations
Analysis of court treatment of the elements of proving Aboriginal title
Aboriginal title to submerged lands
The interplay between Aboriginal title and private ownership as it exists within Indigenous legal traditions
What is the interplay between fee simple and Aboriginal title in practice?
Lessons learned and the challenges ahead
Who Should Attend:
Lawyers practising in the areas of Aboriginal law, administrative law, and business law
Aboriginal leaders, officials, councillors, elders, negotiators, administrators, and advisors
Owners, managers and representatives of resource development companies and companies operating on Crown land
Treaty negotiators and persons responsible for implementing treaties
Federal, provincial and municipal government officials and policy advisors
Consultants, accountants, financial planners, and others assisting First Nations with financial matters and business operations
Agenda
9:00 - Welcome and Introduction by PBLI
9:05 - Chair’s Welcome and Introduction
Leah George-Wilson, Co-Chair First Nations Summit, Lawyer, Miller Titerle, Vancouver, BC and Former Chief of Tsleil-Waututh Nation
9:10 -Aboriginal Title - The Journey
Michael Jackson, Professor of Law, K.C., UBC
9:55 - Questions and Discussion
10:05 - The Cowichan Decision Determinations
David M. Robbins, Woodward & Company
11:00 - Questions and Discussion
11:10 - Refreshment Adjournment
11:25 - Analysis of Court Treatment of the Elements of Proving Aboriginal Title
Julian Riddell, Woodward & Company
Sources of evidence
The role of oral history
Exclusive use
Continuity
Sufficient occupation
12:20 - Questions and Discussion
12:30 - Networking Lunch
1:30 - Aboriginal Title to Submerged Lands
Terri-Lynn Williams-Davidson, K.C., White Raven Law
Elizabeth Bulbrook, White Raven Law
Cowichan – Submerged Lands
Climate Change and rising seas
Does it extend to ocean spaces?
2:10 - Questions and Discussion
2:20 - The Interplay between Aboriginal Title and Private Ownership as it Exists within Indigenous Legal Traditions
Edward John (Akilech’oh), Commissioner of First Nations Summit of BC and elected Chief of Tl’azt’en Nation
3:00 - Questions and Discussion
3:10 - Refreshment Adjournment
3:20 - What is the Interplay between Fee Simple and Aboriginal Title in Practice?
Nigel Baker-Grenier, White Raven Law
Aaron Cressman, White Raven Law
Implementing Aboriginal Title
Implementing Consent
Reconciliation of Jurisdiction and Laws
Reconciliation of Aboriginal Title and Fee Simple
4:10 - Questions and Discussion
4:20 - Lessons Learned and the Challenges Ahead - Faculty Roundtable
4:50 - Questions and Discussion
5:00 - Chair’s Closing Remarks
5:10 - Forum Concludes
Meet the Chair
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Co-Chair First Nations Summit, Lawyer, Miller Titerle, Vancouver, BC and Former Chief of Tsleil-Waututh Nation
Leah is a well-known and respected Indigenous leader and lawyer. She was elected Chief of the Tsleil-Waututh Nation for four terms, becoming the first woman to serve in this position.
Leah is currently an elected co-chair of the First Nations Summit and a director on the Land Advisory Board. She has also served as a director of the First Nations Health Council and the Four Host First Nations. As a past board member of the Four Host Nations, she was a key voice in ensuring the appropriate representation of Indigenous Peoples in the 2010 Winter Olympics.
EXPERTISE
Leah has a deep understanding of Indigenous governance, Indigenous legal orders, community engagement, reconciliation, and government-to-government work.
An exceptional communicator, Leah has negotiated on behalf of her own community at the federal and provincial levels. She has built many strong relationships at all levels of government, which is an asset for clients seeking an experienced, representative voice for their interests.
Leah’s client work includes negotiating on behalf of the Taku River Tlingit for their right of first refusal to an Atlin Health Centre. She also helped Tsleil-Waututh Nation (TWN) participate in the Canadian Delegation to the Intergovernmental Panel on Climate Change (IPCC) by connecting the Assembly of First Nations (AFN) and TWN. The AFN appointed TWN as its representative; Leah’s comments and contribution on their behalf appear in the IPCC reports.
WORTH NOTING
Leah’s ancestral names are Sisi-ya-ama Tsiyalia. As a member of the Tsleil-Waututh Nation, she participates in community events and is a knowledge holder. She loves to take photographs and is passionate about the TWN family tree and Indigenous languages.
Meet the Faculty
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Associate, White Raven Law
Nigel is an Associate at White Raven Law. He holds a Bachelor of Arts in the History Honours program at the University of British Columbia and a Juris Doctor from the Peter A. Allard School of Law. He was called to the BC Bar in 2020. In 2021, the Western Journal of Legal Studies published Nigel’s article “Kitimahkinawow ekwa Kitimahkisin: Pity and Compassion in Cree Law.” He was awarded the the Beverly McLachlin Legal Access Award in 2019 and the Fasken Martineau DuMoulin LLP Indigenous Entrance Scholarship in 2016. In 2018, Nigel published an article in the University of Toronto Faculty of Law Review titled, “Esdii Wal: Gitxsan Law Grounded in Epistemology.” Nigel worked as a temporary articled student for the Indigenous Community Legal Clinic, which provides legal advice in the areas of criminal law, family law, and civil law, to marginalized people in Vancouver’s Downtown Eastside. Nigel is a recipient of the 2022 Courage in Law from Indigenous Law Students Association, and teaches as an Adjunct professor at the Indigenous Legal Clinic.
Nigel belongs to the Gisgahaast clan from the Gitxsan Nation. He is also Mushkegowuck (swampy Cree) from Churchill, Manitoba. During his upbringing, he was immersed in song, dance, oral history and law from his communities. Nigel chose to study law to revitalize Indigenous laws which are grounded in oral histories and traditions. Indigenous laws contain rich normative resources that are relevant today and robustly inform the rights and obligations of the contemporary world.
Nigel is a lead dancer for Dancers of Damelahamid, an Indigenous dance company based in Vancouver. He has developed and performed numerous works including; Spirit Transforming 2012, Flicker 2016, Talking Past Each Other 2018, and Mînowin 2019. Nigel has toured nationally and internationally as an artist. He has also assisted in organizing the annual Coastal First Nations Dance Festival.
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Commissioner of First Nations Summit of BC and elected Chief of Tl’azt’en Nation
Edward John (Akilech’oh) is a First Nations Summit (FNS) elected Commissioner. He is serving his first term as Commissioner and was elected by the FNS Chiefs in Assembly in April 2024. Edward is from the Tl’azt’en Nation, is a Hereditary Chief, Dene Zah Akilech’oh, and is the current elected Chief.
He has been involved in the advancement of Indigenous rights and the treaty negotiations framework for decades. Edward was instrumental in the creation of the FNS and the BC Treaty Commission and served on the FNS Task Group for 11 consecutive terms. From 2011 to 2016, Edward served as the North American Expert Member to the United Nations Permanent Forum on Indigenous Issues. He was also part of the negotiations and adoption of the UN Declaration on the Rights of Indigenous Peoples by the UN Human Rights Council and the General Assembly. Edward was also Minister of Children and Families in BC and the Special Advisor on Aboriginal Child Welfare to the Minister of Children and Family Development in BC.
He holds a Bachelor of Arts degree from the University of Victoria in sociology, and a law degree from the University of British Columbia. He also received Honorary Doctor of Laws degrees from both the University of Northern British Columbia and the University of Victoria.
Edward is a Dene fluent speaker with extensive Dakelh traditional knowledge. He is a proud father and grandfather and enjoys time in his home community of Tache and his wife Wendy’s community of Musqueam.
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Lawyer, Woodward & Company, Victoria, BC
As one of Woodward and Company’s lawyers, Julian’s practice supports Indigenous efforts in relation to protecting their rights and sovereignty, and upholding their laws and governance systems. To this end, his work is particularly focused on the intersection of environmental issues with First Nations’ rights to their traditional land.
Originally from Ontario, Julian did his undergrad in Indigenous Environmental Studies at Trent University and later moved west to study law at UBC. His days at university saw him participate in various activism efforts, including most notably his contributions to an environmental justice group.
In his current role, Julian is driven to seek justice for Indigenous peoples- in all the diversity of its meaning. His work with title and rights litigation seeks to allow Indigenous nations to achieve self determination, control of their land, and meaningful recognition of their rights under Canadian law.
A careful listener and diligent worker, Julian is backed by an extensive education in the field of colonial law and how it applies to Indigenous peoples. He is currently working on behalf of the Cowichan Nation in their claim for recognition of their rights and title. Read more about the Quw’utsun Nation’s Legal Victory for Recognition of Title at Tl’uqtinus Village Lands and Aboriginal Right to Fish here through Cowichan Tribes et al v Canada (Attorney General), 2025 BCSC 1490.
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Managing lawyer,White Raven Law
Elizabeth is a Managing Lawyer at White Raven Law with an interest in Aboriginal, Indigenous, environmental, constitutional law and eDiscovery. Elizabeth brings extensive professional experience working with Indigenous Nations to her position. Prior to studying law, Elizabeth acted as a Reconciliation Coordinator for the Council of the Haida Nation and was an archaeologist for the Haida Heritage and Forest Guardians. She has also instructed and developed a wide variety of university level courses, which centered on Archaeology and Indigenous issues.
Elizabeth acts for the Haida through litigation and other legal strategies to advance their title, rights and interests and advises on governance and land and resource issues. Elizabeth has had the opportunity to work on high-profile litigation for the Haida Nation directed at environmental protection at the BC Supreme Court, BC Court of Appeal, Federal Court of Appeal and the Supreme Court of Canada. Elizabeth practices law because of her dedication to using all available tools to improve Indigenous social justice and to protect the environment from unsustainable practices.
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Principal and Senior Legal Counsel, White Raven Law
A citizen of, and General Counsel, to the Haida Nation, Terri-Lynn has practised in Indigenous environmental law since 1995 when she began representing the Haida Nation at all levels of court, including the Supreme Court of Canada. She was lead counsel in litigation to protect the old growth forests of Haida Gwaii in the Haida case, the leading case on consultation and accommodation of Indigenous rights. She is counsel for the Haida Nation’s aboriginal title case and related reconciliation negotiations—which have resulted in innovative agreements with British Columbia and Canada—as well as other litigation including successfully challenging the Enbridge Northern Gateway Project, and injunctive relief for herring.
Terri-Lynn serves on the Law Society of BC Truth and Reconciliation Advisory Committee, the Federation of Law Societies of Canada’s Indigenous Advisory Council, the Dean’s Advisory Committee for the Centre for Business Law at Allard School of Law, and a co-principal investigator with the Canada Climate Law Initiative. Terri-Lynn has been honoured with awards, including the Peoples’ Choice Andrew Thompson Award for lifetime contributions to environmental protection and sustainability (2014); Courage in Law Award from UBC Indigenous Law Students Association (2018); Canadian Lawyer’s Top 25 Most Influential Lawyers, “Changemakers” category (2020); Maclean’s “Power List”, ranking 21 of 50 Canadians breaking ground in their field (2021); designated as King’s Counsel (2021); one of 500 most influential business leaders in BC, General Counsel category (2022); and the Ecotrust Indigenous Leadership Award (2023).
Terri-Lynn is also a multi-award-winning performer, an artist, dancer, and author and is currently a PhD student at Allard School of Law, UBC.
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Partner, Woodward & Company, Victoria, BC
In his role of partner at Woodward and Company, David’s core law practice is focused on finding remedies for historic and ongoing Crown interferences with Aboriginal occupation and use of lands and resources.
David is lead counsel for the Quw’utsun (Cowichan) Nation in their landmark recent judgment Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490: the court declared Quw’utsun Aboriginal title to settlement lands on the main channel of the Fraser River in Greater Vancouver and Aboriginal right to fish adjacent waters for food; it also issued precedent setting declarations that Canada and Richmond’s fee simple titles are invalid, while British Columbia has a duty to negotiate reconciliation of the Crown granted fee simple interests held by third parties with the Quw’utsun Aboriginal title.
David was also counsel for the Tsilhqot’in Nation in both their landmark rulings: in Tsilhqot’in Nation v. British Columbia, 2007 BCSC 1700, the trial court found Tsilhqot’in Aboriginal title, being the first judicial recognition of existing Aboriginal title, along with a Tsilhqot’in Aboriginal right to hunt and trap for a moderate livelihood; on appeal in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, the Supreme Court of Canada issued the first ever declaration of Aboriginal title in Canada.
Having earned degrees in law from the University of Victoria and philosophy from the University of British Columbia, David’s 24 years of practice have seen him advocate successfully for Indigenous Nations at all levels of court, including as interveners (e.g., Shot Both Sides v. Canada, 2024 SCC 12; Williams Lake Indian Band v Canada, 2018 SCC 4). Prior to being called to the bar in British Columbia in 2001, David was a judicial law clerk to the BC Supreme Court and BC Court of Appeal. He has variously been a guest lecturer in law school programs at the University of Victoria, University of British Columbia, and Osgoode Hall, Toronto.
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Associate, White Raven Law
Aaron is an Associate at White Raven Law. He was called to the Ontario bar in 2020 and the British Columbia bar in 2021 and has experience litigating and negotiating on behalf of Indigenous Nations across Canada. Aaron’s experience includes representing Indigenous Nations on matters such as Aboriginal rights and title, treaty rights, the Crown’s fiduciary duty to Indigenous peoples, the Crown’s duty to consult and accommodate, and other matters relating to the honour of the Crown. He has also worked with Indigenous Nations on governance related matters, such as child and family services laws, reserve lands, and the enforcement of Indigenous laws.
In addition to working with Indigenous Nations, Aaron has provided strategic advice to businesses on Aboriginal law related matters and has represented natural resource and energy proponents on matters before federal and provincial regulators. Prior to working at White Raven Law, Aaron spent several years practicing Aboriginal law, environmental law, and commercial litigation at a national full-service law firm in Toronto and Vancouver. Aaron holds a Bachelor of Arts with an Honours Specialization in Sociology from Queen’s University, and a Juris Doctor from Osgoode Hall Law School.
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Senior Legal Counsel / Professor of Law, UBC
Professor Jackson has specialized and published widely in the areas of Correctional Law and Penal Policy and Aboriginal and Treaty Rights. He has been involved as a researcher or counsel in many of the Aboriginal rights cases that have come before the Supreme Court of Canada over the past 25 years. He is a Solicitor of the Supreme Court of Judicature (UK), a Member of the Bar of British Columbia, and a Professor of Law at the University of British Columbia. He was appointed Queen's Counsel in 1999.
Professor Jackson was co-counsel in the Haida Nation litigation in which the Supreme Court affirmed a Crown duty to consult and accommodate First Nations in relation to resource development decisions affecting lands to which they have asserted Aboriginal rights and title. He was also co-counsel in the Gitksan Wet'suwet'en land claims case, Delgamuukw v. The Attorney-General of British Columbia.
Professor Jackson also served in as a consultant to the Law Reform Commission of Canada and authored In Search of the Pathways to Justice: Alternative Dispute Resolution in Aboriginal Communities. He has also authored two major reports, Justice Behind the Walls and Locking Up Natives in Canada. Professor Jackson also published Prisoners of Isolation: Solitary Confinement in Canada, as well as Sentences That Never End.
Professor Jackson received a Bachelor of Laws from Kings College, London and a Master of Laws from Yale Law School.
He can be contacted through the Peter A. Allard School of Law, UBC.
Registration Form
Program:
The Cowichan Decision – A Constructive Dialogue
Date:
February 3, 2026
Location:
UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC
Registration:
The registration fee is $990.00 plus GST of $49.50 totalling $1039.50 for webinar and in-person attendance. Registration fee covers your attendance at the program and electronic materials. In-person attendance includes a catered lunch and refreshments throughout the day.
Early Bird Discount:
Register by January 5, 2026 (extended to January 7, 2026) and receive a $100 discount on the registration fee ($890.00 plus GST). Discounts cannot be combined.
Group Discount:
Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Discounts cannot be combined.
If you would like to register a group, please fill out this form and email it to registrations@pbli.com:
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When and Where:
Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PST). UBC Robson Square is located at 800 Robson Street in Vancouver, BC, and our event will take place on the classroom level. Please visit https://robsonsquare.ubc.ca/find-us/ for directions.
Materials:
The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.
Cancellations/Transfers:
Refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (January 27, 2026). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue and transfer in-person registration to webinar registration for this event.
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Attendance at this course can be listed for up to 6.75 hours of continuing professional development credits with the Law Societies of BC and Ontario. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.
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