October 20, 2025 | Powder Keg

Happy Monday Morning!
We do our best to steer clear of politics in this newsletter. However, there are times when politics can’t be ignored, especially when it comes to housing, which has become a social and political powder keg in recent years. It seems political careers largely hinge on the fate of the housing market these days.
Look no further than two big stories that engulfed local media this past week.
- The City of Richmond is sending letters in the mail telling homeowners the legal title to their lands could be impacted following a court ruling that gives legal title to more than 730 acres of fee simple land in Richmond to the Cowichan First Nations.
- Multiplex zoning gets scaled back in the city of Burnaby just one year after initial bylaws were approved, undermining zoning overhauls at all levels of government.
Let’s dig in.
Richmond Mayor Malcolm Brodie penned a letter to landowners this week in response to a controversial court decision, in which the B.C. Supreme Court recognized Aboriginal title over parts of southeast Richmond in which the Court said Aboriginal title can coexist with later fee-simple ownership.
However, in reality, it’s not clear how two ownership structures can coexist?
What does “coexistence” looks like in practice. Governments (and often owners) may need accommodations, permits, co-management agreements, compensation, or adjusted land-use conditions so private uses can continue lawfully.
“I believe it is one of the most consequential rulings in the history of the country,” Richmond Mayor, Malcolm Brodie told CTV News Sunday.
“I think potentially that is undermines the entire land system that we have in this province, and for much of the country itself.”

Regardless of whether you live in the city of Richmond or not, this is without a doubt one of the most consequential legal battles regarding private property rights in Canada.
Further context here. If your property is in the area outlined in black, the Court has declared Aboriginal title to your property, which may compromise the status and validity of your ownership. The entire area outlined in green is claimed on appeal by the Cowichan First Nations.

Having grown up in Richmond, and having previously lived in the green area outlined above, this one hits close to home, literally.
Brodie, meanwhile, is calling on higher levels of government to lead the legal fight.
“To the federal and the provincial government: do your job,” said Brodie
Let’s watch.
In other news, let’s turn our attention to the city of Burnaby which adopted the BC Governments sweeping zoning overhaul last year which mandated municipalities to legalize “multiplex” housing by June 30, 2024: at least 3 units on lots greater than 3000sqft.
While many municipalities dragged their feet and inserted roadblocks to make these projects unviable, the city of Burnaby adopted the requirements with arms wide open. Carte Blanche for Multiplex.
The result?

As the first multiplex projects in Burnaby near completion they’ve decided to significantly throttle multiplex density moving forward. Primary Buildings will be reduced from four stories to three stories and laneways from four stories to two.

Ouch.
This isn’t a NIMBY support post, but rather a level headed observation that ramming through higher density is not as easy as it seems.
This was always the inevitable outcome.
When you consider the fact that governments operate on four year election cycles, appeasing their loudest and most affluent constituents is the safest path to securing reelection.
The city of Burnaby is not alone, and we suspect other cities will follow suit.
The City of Calgary is holding an election today. Nearly all the candidates running in the election (except for the incumbent) are proposing to repeal and reverse blanket (RCG) zoning that allowed townhouses across all single family neighbourhoods.
As the housing crunch eases, sentiment towards higher density is shifting despite some government promises to build baby build.
Further evidence that even the best-laid plans of mice and men often go awry.
Let’s watch.
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Steve Saretsky October 20th, 2025
Posted In: Steve Saretsky Blog

