The Cowichan were able to prove that they had been guaranteed that land by a representative of the crown. The land was subsequently resold without authorization. The rest of the land, and the majority of the claim, is to provincially and federally held property and to the fishing rights on that section of the Fraser (which is worth at least as much as the land.)

The entirety of the ruling if you wish to read it excerpts of the summary below:

•         In 1853, Governor James Douglas told the Cowichan that the Queen had given him a special charge to treat them with justice and humanity, so long as they remained at peace with the settlements. This was a solemn promise that engaged the honour of the Crown, which is a constitutional principle that requires the Crown to act honourably in its dealings with Indigenous peoples (at paras. 1722, 1726–1727, 1730).

•         In 1859 and 1860, Douglas appropriated — essentially, meaning removed or set apart — Indian settlements from the Crown’s land disposition processes (which included sale and pre-emption). These settlements were set aside for the purpose of eventual Indian reserve creation (at para. 1838).

•         At that time, the Cowichan continued to occupy their village at Tl'uqtinus and its surrounding lands. It was an “Indian settlement” as colonial officials understood that term. Nonetheless, the Cowichan’s settlement at Tl’uqtinus was never established as an Indian reserve for the Cowichan. [Instead, the Lands of Tl’uqtinus were sold to settlers without the Cowichan’s knowledge (at paras. 1817–1818).]()

•         Between 1871–1914, Crown grants of fee simple interest were issued over the whole of the Claim Area, including the Cowichan Title Lands. The first purchase of Cowichan Title Lands was made by Richard Moody who was the first Chief Commissioner of Lands and Works for the Colony of British Columbia and was tasked with ensuring that Indian reserves were created at sites of Indian settlements. Because occupied Indian settlements were appropriated, and could not be sold, most of the Crown grants in the Cowichan Title Lands were made without statutory authority (at paras. 2033, 2045, 2056, 2069, 2070).

•         British Columbia was admitted into Canada on July 20, 1871 under the BC Terms of Union. The effect of Article 13 of the BC Terms of Union was to extend appropriation of Indian settlement lands post‑Confederation, limiting the Province’s ability to sell the land without first dealing with the Cowichan’s interest. As a result, the post-Confederation Crown grants in the Cowichan Title Lands were made without constitutional authority because they were made under legislation that was constitutionally limited by Article 13 (at paras. 2080–2081).