PHARA has received a letter from Minister of Indigenous Relations and Reconciliation Spencer Chandra Herbert in response to our letters to Premier Eby on October 14, 2025 and January 7, 2026 in which we asked for a clear and immediate commitment to pause any negotiations recognizing Aboriginal title—particularly on the Sunshine Coast—until the courts provide certainty following the Cowichan Tribes v. Canada appeal.

The response from Spencer Chandra Herbert does not provide the clear commitment we requested from Premier Eby.

While the Minister reiterates that the Province has appealed the Cowichan Tribes v. Canada ruling and states that private property rights will be “protected,” the letter avoids directly answering our central question: whether the Province will pause negotiations on the recognition of Aboriginal title until the courts have provided clarity.

Instead, the response emphasizes the government’s preference for negotiated agreements and asserts—without detail—that such agreements will respect private property. Notably, it confirms that negotiations on Aboriginal title with the shíshálh Nation “have not started at this time,” but stops short of ruling them out during the ongoing litigation. This leaves open the possibility that negotiations could begin before the appeal in Cowichan is resolved.

Equally important is what the letter does not address. There is no explanation of how Aboriginal title and private property can coexist in practice, no commitment to legislative or policy safeguards, and no acknowledgement of the uncertainty identified by the Court. There is also no response to concerns about transparency, particularly regarding past agreements negotiated without public awareness.

In short, the Province’s position remains unchanged: it intends to continue advancing reconciliation through negotiated agreements, while offering general assurances—but no concrete guarantees—regarding the protection of private property. For property owners on the Sunshine Coast and across British Columbia, the fundamental questions raised in our original letters remain unanswered.

Minister Chandra Herbert’s letter (on behalf of Premier Eby)

PHARA’s letter to Premier Eby January 7, 2026

PHARA’s letter to Premier Eby October 14, 2025