Discussion · Oral Questions
Rebecca Alty Liberal
“The courts disagree on whether Indigenous land rights can exist on private property. We are appealing a British Columbia ruling that says they can. We want clear rules to protect private property.”
“Mr. Speaker, it is an important question and one that is currently before the courts. In the recent Wolastoqey decision, the Court of Appeal in New Brunswick, which is the highest court in the province, has refused leave to appeal. It found that aboriginal title cannot be declared over private property. On the other side of the country, in the Cowichan case, the B.C. judge found that they could coexist. We disagree with B.C.’s decision and are appealing it to maintain the clarity and certainty of private properties. However, as we are seeing differing views in the courts, we continue to be there to get the certainty.”
Official Hansard
Mr. Speaker, it is an important question and one that is currently before the courts. In the recent Wolastoqey decision, the Court of Appeal in New Brunswick, which is the highest court in the province, has refused leave to appeal. It found that aboriginal title cannot be declared over private property. On the other side of the country, in the Cowichan case, the B.C. judge found that they could coexist. We disagree with B.C.’s decision and are appealing it to maintain the clarity and certainty of private properties. However, as we are seeing differing views in the courts, we continue to be there to get the certainty.