The governments of the Ktunaxa Nation in Canada—ʔakisq̓nuk First Nation, ʔaq̓am, Yaqan Nuʔkiy, and Yaq̓it ʔa·knuqⱡi’it First Nation—are deeply concerned with what is being communicated to British Columbians following the recent Cowichan Tribes Aboriginal title case. (Cowichan Tribes v. Canada [Attorney General], 2025 BCSC 1490)
The Ktunaxa governments see much of the publicized rhetoric as being based on misunderstanding and/or misinterpretation of the facts related to Canadian law and the scope of the decision itself.
Setting the record straight
The Ktunaxa (Kootenay, Kootenai, Kutenai) Peoples are a distinct and unique Indigenous Nation who have used and occupied ʔamakʔis Ktunaxa (Ktunaxa lands) in what is now Canada and the United States since the beginning of time. Ktunaxa Peoples have never ceded title to ʔamakʔis Ktunaxa—therefore Ktunaxa title and rights remain intact. (In fact, most B.C. First Nations have never ceded title to their lands and the resources therein and have not signed treaties.)
The legal reality in Canada is that Indigenous Peoples have inherent rights recognized in Section 35 of the Constitution Act, 1982. These rights were further recognized with the passing of the Federal United Nations Declaration on the Rights of Indigenous Peoples Act, (2021), and the B.C. Declaration on the Rights of Indigenous Peoples Act, (2019).
For decades, Supreme Court rulings have consistently acknowledged the existence of First Nations’ title and rights, yet many First Nations governments are still forced into the courts to have their distinct rights recognized.
Our rights and responsibilities
One of the primary objectives of the Ktunaxa Peoples’ self-determination and, by extension, the mandate of the Ktunaxa governments, is the stewardship of the lands, waters, air… across the whole of ʔamakʔis Ktunaxa, for all living things.
The Ktunaxa believe that a majority of people who have made ʔamakʔis Ktunaxa their place of residence also value the clean water, fresh air and abundance of nature that is still evident here.
We believe that, with proper management, the land’s wealth can sustain all living things in perpetuity.
Our governments contend that the Ktunaxa Peoples’ title and rights, including our responsibilities for land stewardship, can indeed co-exist with fee-simple land ownership.
Ktunaxa governments’ negotiations are no threat to the average citizen, their property or their livelihood.
First Nations Peoples understand displacement and would not wish it on anyone.
We hope the government of British Columbia will provide residents of B.C. with assurance that their homes are not at stake.
“The Court in Cowichan Tribes called on the Province to enter into good faith negotiations with the Cowichan to reconcile the existence of third-party interests with Cowichan’s Aboriginal title in a manner consistent with the honour of the Crown.” Kate Gunn, October 27, 2025.
(Correcting Misconceptions: Aboriginal Title, Private Property, and the Cowichan Tribes Decision)
