Indigenous Affairs

Question period focused on the B.C. Supreme Court’s Cowichan land decision and the government’s handling of private property rights in that case, as well as recently signed agreements with the Musqueam. Conservatives asked whether the government had directed its lawyers not to defend private property rights in the case, and said the decision and the agreements were creating uncertainty for homeowners in British Columbia. Government members, including the Minister of Indigenous Services, said the government protects private property rights, has appealed the ruling, and that the Musqueam agreements do not affect private property but recognize constitutionally protected rights in areas like fisheries and marine emergency management. One Liberal member said Conservative statements were spreading fear and hurting the B.C. housing market.Written by AI from the debate. Updated .

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4 statements

Chak Au, Richmond Centre—Marpole

Conservative
“The government told its lawyers not to defend private property rights in court. Is this still the government's policy, and will the Prime Minister cancel it?”
Official Hansard

Mr. Speaker, Canadians watched a poorly staged performance last week when the Prime Minister responded to a simple question on private property rights from another Liberal MP. They could not even pretend to care. The fact remains that the Liberal government issued a litigation directive instructing federal lawyers to avoid protecting arguments for private property rights. That directive remains posted on the Liberal government’s website today. Is this directive still government policy and if so, will the Prime Minister withdraw it, yes or no?

Ellis Ross, Skeena—Bulkley Valley

Conservative
“The government told its lawyers not to defend property rights in a recent court case. Canadians need to know that their homes belong to them. Why is the Prime Minister not defending private property in court?”
  • A repeated line

    “Because the Liberal government directed its lawyers not to argue for property rights in the Cowichan case.”

    Said 4 times by 3 members since May 6.

    Every time it was said
Official Hansard

Mr. Speaker, the Liberal government directed its lawyers not to argue for property rights in the Cowichan case. The judge then ruled that private property was defective and invalid. Canada must pursue reconciliation with indigenous peoples, but these decisions are moving in the wrong direction. Canadians need the certainty that comes with knowing that their homes and property are theirs. With appeals and other court cases coming, why is the Liberal Prime Minister telling his lawyers not to defend private property?

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“Secret government deals on Indigenous land claims are hurting property values and dividing British Columbians. The Prime Minister has stopped government lawyers from defending private property in court. I want him to explain his plan to protect private property rights.”
Official Hansard

Mr. Speaker, the Cowichan land decision and the Liberal-Musqueam agreements signed secretly and outside the treaty process have resulted in economic uncertainty, falling property values and unsettling division among British Columbians, especially on Vancouver Island. We need truth and reconciliation. The Prime Minister is failing to deliver either. He is clearly unaware that by handcuffing the government lawyers in the B.C. appeals court, he has now legally handcuffed them in the Supreme Court. When will the Prime Minister explain his plan to protect private property rights now that the government lawyers cannot use the private property argument in court?

Mark Strahl, Chilliwack—Hope

Conservative
“A recent court decision put private property rights in British Columbia at risk. The government told its lawyers not to defend those rights in court. How can British Columbians trust the Prime Minister to protect their property now?”
Official Hansard

Mr. Speaker, British Columbians bought their homes, paid their mortgages and played by the rules, but due to the Cowichan decision, they now face uncertainty as to whether their private property will be protected going forward. Instead of arguing in favour of those rights in the Cowichan case, this Liberal government told federal lawyers not to defend those rights through litigation directive number 14, a directive that is still active to this day. How can British Columbians believe that this Liberal Prime Minister will stand up for their private property rights when his government guidelines are telling his lawyers to stand down?

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