Discussion · Government Orders
Jamie Schmale Conservative
“The government failed to defend private property rights in court, so it cannot use that argument on appeal. A court ruling has now weakened private property ownership laws in British Columbia. How does the government expect to win in court when it made this mistake?”
“Mr. Speaker, the member opposite talked about the argument of private property at court. The member opposite, being involved in the law, should know that if we do not make the argument in the lower court, we cannot use that argument at appeal or if it goes to the Supreme Court. The government cannot make that argument. The other thing the court decision did was that it eviscerated sections 23 and 25 of the B.C. Land Title Act, which is the underpinning of private ownership in the city of Richmond and within the province of British Columbia. Again, how does the government expect to use an argument and win at court with something it cannot actually use?”
Official Hansard
Mr. Speaker, the member opposite talked about the argument of private property at court. The member opposite, being involved in the law, should know that if we do not make the argument in the lower court, we cannot use that argument at appeal or if it goes to the Supreme Court. The government cannot make that argument. The other thing the court decision did was that it eviscerated sections 23 and 25 of the B.C. Land Title Act, which is the underpinning of private ownership in the city of Richmond and within the province of British Columbia. Again, how does the government expect to use an argument and win at court with something it cannot actually use?