Business of Supply

An opposition day debate focused on a British Columbia court decision that recognized Cowichan Tribes’s Aboriginal title over land that includes some privately owned parcels, and on the federal government’s handling of it. Conservatives said the ruling creates uncertainty for private property owners in British Columbia and asked the government to direct its lawyers to defend private property rights, protect homeowners in future Indigenous agreements, release a plan within 30 days, and create a committee of MPs to study the issue; one member also linked the government’s handling of land negotiations and treaties to frustration in Alberta. Liberals responded that the Conservatives are trying to divide Canadians, said many government members including those from British Columbia have spoken on the issue, emphasized reconciliation and national unity, and raised concerns about Parliament directing litigation. Bloc members asked why the issue was brought straight to the House rather than committee, how the government can act while the court process is ongoing, and why the government decided to appeal; one also asked whether the ruling could affect Quebec. A Green member and an NDP member argued that Indigenous rights and the Constitution must be upheld and that the ruling does not remove private property from Canadians. The bill title provided, the One Canadian Economy Act, was not the subject of these statements.Written by AI from the debate. Updated .

Official text (opens in a new tab)

30 statements

Cathay Wagantall, Yorkton—Melville

Conservative
“I want to talk to the member about his brother's air force service and get the Liberals to support the Snowbirds. I also want to point out a British Columbia court decision that gave an Indigenous nation title to land, including some privately owned land.”
  • Question or comment in debate

    Signal 42 of 100

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Official Hansard

Mr. Speaker, I am really curious about the member’s brother who served in the air force. I would love to have a conversation with him around the Snowbirds and encourage the Liberals’ support. They are such a wonderful representation to young people who would also like to join the air force. I want to note one thing from the British Columbia Supreme Court when it released its decision. It concluded that the Cowichan Tribes hold aboriginal title to a portion of their lands, including private lands held in fee simple. Justice Young made a number of findings and issued a series of declarations that, according to— An hon. member: Oh, oh! Cathay Wagantall: Sir. I am speaking to the member. He is not even listening. An hon. member: Yes, he is. An hon. member: No, you’re talking to him. Some hon. members: Oh, oh!

Cathay Wagantall, Yorkton—Melville

Conservative
“The government blames us for people's worries, but a recent court ruling made property ownership uncertain in British Columbia. I want the member to answer for that.”
Official Hansard

Mr. Speaker, here is the part that I would like him to respond to because they are blaming us on this side of the House for causing the angst. Justice Young made a number of findings and issued a series of declarations that, according to aboriginal legal experts and academics, create significant uncertainty for fee simple title holders in the province of British Columbia—

Grant Jackson, Brandon—Souris

Conservative
“I want to know why Liberal MPs from British Columbia are not speaking about land claims today. Conservative MPs from B.C. are speaking up. The Liberals from B.C. should stand up and defend their record.”
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Official Hansard

Mr. Speaker, the only result of the last two Liberal speakers who gave those speeches is, unfortunately, that any Canadian who had to listen to them will likely have a hard time tying their shoes tonight, but I digress. I just wonder where the B.C. Liberal caucus is. The last speaker was from Manitoba. The one before that was from Saskatchewan. They are under the numbered treaties. It is a very different legal context when it comes to land claims and fee simple property. Our Conservative B.C. MPs have been out speaking about this issue, which matters to British Columbians. Why are the B.C. Liberal MPs in hiding? Where are they? Why will they not get up and defend the disastrous Liberal record on this issue?

Aaron Gunn, North Island—Powell River

Conservative
“A court ruling in British Columbia recognized Indigenous title over land that includes private homes. This makes people worry they do not truly own their property. The government must protect private property rights in all court cases and agreements with First Nations. If necessary, we must change our laws and Constitution to make sure people's homes are protected.”
Official Hansard

Mr. Speaker, members can imagine waking up one morning in beautiful British Columbia. The sun is out. The birds are chirping. We can see the mountains, the forest and, if we are lucky, maybe even the ocean from our home. Life on the surface is actually pretty good, but that scenic reality masks a much deeper and darker anxiety. The title to that home, that deed that was signed however long ago, may no longer mean what we thought it meant. The financial investment that we built our entire life around, our home that we spent our entire life savings toward, may no longer belong to us, at least not in the same way we thought it did. I wish I could say this was just some sort of reoccurring bad dream for many B.C. homeowners. However, the truth is that this uncertainty is already their reality today. This past August, the B.C. Supreme Court issued a landmark ruling that has since reverberated across the province and, in time, will undoubtedly reverberate across the entire country. The ruling recognizes aboriginal title over 800 acres of riverfront property in Richmond, B.C., including over the personal homes of individual citizens, declaring fee simple title invalid and ruling aboriginal title as prior and senior title to the land. What does all this mean? No one really knows, which is a big part of the problem. However, the ruling, which is now known as the Cowichan decision, has shaken B.C. politics to its core. Because around 95% of B.C. was settled without formal treaties, the consequences of this decision are not limited to 800 acres in Richmond, but potentially impact nearly the entire province itself. While the decision is, of course, being appealed, and while the result of that appeal remains unclear, the consequences of the ruling are already being felt today. Homeowners are now being taxed on property the legal status of which is uncertain. Some are having difficulty selling their home, while businesses and industry groups have pulled billions of dollars of investment out of British Columbia as one of the key guardrails of the rule of law begins to break down. When a citizen pays their taxes, follows the law, maintains their property and still cannot be certain that they own their own home, something has gone profoundly wrong. Private property rights are not a luxury, not an appendage to our system of government, not some kind of optional add-on to our society, to our democracy. They are quite literally the foundation on which western civilization, capitalism and our economy are built. They form the basis for our savings, our security, our independence and our autonomy as a human being. Without them, we own nothing. We are a slave to our government or whatever other powers there may be. To have them infringed upon so suddenly, so brazenly, so harshly without compensation flies in the face of everything that it means to be Canadian. It also wakes up a very important fact, which is that Canada is one of the few democracies in the world today without property rights enshrined in our Constitution. That was left out of the Canadian Charter of Rights and Freedoms in 1982 by our old prime minister, Pierre Elliott Trudeau, and decades later, we are now living with the consequences. As a member of Parliament for a riding in British Columbia that itself comprises entire communities with homeowners facing similar legal uncertainty, it is my duty to speak out for my constituents and articulate my position and my views on this issue. For me, the defence of private property is and always will be a red line. It is not and should never be up for negotiation. It is in every way a fundamental human right, and we must never submit to trade it away to simply appease or placate the latest ideological fad or in the name of political convenience. Every citizen must know that their government will do whatever it takes to ensure that Canadians can trust that what they own is truly theirs without exception. Unfortunately, that is the exact opposite of what the Liberal government in Ottawa and the NDP government in B.C. have actually done. First, in 2018, the Liberal government instructed its lawyers, Crown counsel, to abandon their own citizens, ordering them to discard the long-held legal argument that the granting of fee simple private property took precedence over or extinguished any aboriginal title claim. That directive remains Liberal party policy to this day. Second, after the bombshell Cowichan ruling, the Liberals should have immediately halted any further agreements or treaty negotiations with first nations unless explicit protections for private property were included. Instead, again, they did the exact opposite, pushing ahead with the controversial Musqueam agreement, which essentially recognized aboriginal title over much of metro Vancouver and nearly one million Canadian homes with zero explicit protections for private property. It should be noted that a member of Parliament from within the Liberal caucus called for, in his words, the return of unceded land. Then the Liberals went ahead and negotiated three new, unprecedented quasi treaties, otherwise referred to as living agreements, all of which involved huge transfers of land, money and resources to individual first nations, again with no explicit protections for private property included. When the Liberals and the NDP are pressed on their contradicting claims that they too support the private property rights of Canadians and will defend them at all costs, their rhetorical defence is that they claim they are appealing the Cowichan decision and hope that they will win. Hope is not a strategy and prayers are not a plan. The uncertainty created by their actions is already having real-world effects today. The Liberal government must act to restore certainty to homeowners now. It must act to restore confidence to businesses and industry and reverse the billions of dollars in investment that is fleeing British Columbia. Just as importantly, the government must act to prevent the further fraying of the social fabric between indigenous and non-indigenous Canadians that its policies have caused. Before writing this speech, I actually looked up a dictionary definition of “reconciliation”, and it is the act of causing two people or two groups of people to become friendly again after a falling out, an argument or a disagreement. In other words, it is about bridging divides and moving forward together. This is precisely the opposite of what the Liberal Party and the NDP have managed to accomplish over the last 10 years. It is exactly the opposite, as they are driving a wedge between indigenous and non-indigenous Canadians, playing identity politics and prioritizing virtue signalling and rhetoric over tangible, real-world results. I see that, instead of creating a framework that would bring Canadians together as one, they created an agenda that has driven them further apart. It is breeding resentment and frustration between communities instead of bridging divides and moving together as one country, Canada. The vision behind our nation, from the very beginning, has always been one of working together toward a common goal and of achieving together what we could not accomplish on our own. We need to once again harness that vision to bring back and realize that mythology of Canada. That includes, as an essential component, the mutually beneficial partnership between indigenous and non-indigenous Canadians, from the fur trade to the War of 1812, but for that partnership to truly flourish, private property rights must remain sacrosanct. There must be no equivocation on the part of the government. It must never allow fee simple title and the rights of private property owners to be abridged or up for debate. In each new agreement with first nations, these rights must be enshrined. In each and every court defence, the case to defend these rights must be made, and if absolutely necessary, if the courts continue to interpret legislation or the Constitution in ways that undermine Canada’s sovereignty, our economic viability or the rights of individual citizens, then whatever changes that are needed in that legislation, or even the Constitution, however difficult, must be done.

Aaron Gunn, North Island—Powell River

Conservative
“New agreements and treaties with First Nations must protect private property. This agreement does not do that, and that is a problem.”
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Official Hansard

Mr. Speaker, I agree with the member across the way. It does not mention private property, and that is the problem. There are no explicit protections for private property in the agreement and we are currently in a legal scenario. We are in legal limbo as we await the appeal process of the Cowichan decision. As we said, as the Conservative Party, we have demanded that every new agreement, every new treaty with first nations, must have explicit protections for private property. It is a fundamental human right. That is what we are going to continue to push for on this side of the aisle.

Aaron Gunn, North Island—Powell River

Conservative
“We must protect people's private property rights. The government needs to let Crown lawyers fully defend private property in court. We should not make any new agreements or treaties with First Nations unless they clearly protect private property, and we support appealing the Cowichan court ruling.”
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Official Hansard

Mr. Speaker, the first thing to do is to remove these legal guidelines that have restricted our Crown counsel from defending private property rights with all of the tools in their tool kit. There should be no further agreements or treaties made with first nations without explicit protections for private property embedded within. As far as what comes beyond that, my position, which I believe is also the position of my colleagues, is that when it comes to defending private property, we do whatever it takes. Obviously, we are going to support the appeal of the Cowichan decision through the courts, but there is no step along this way, along this path, where we are going to allow the private property rights, the fundamental human rights of our fellow Canadians, to be abridged and to be up for debate.

Dan Albas, Okanagan Lake West—South Kelowna

Conservative
“Liberals accuse Conservatives of spreading misinformation and dividing people. But the mayor of Richmond said only the city fought in court to protect private property rights, while the federal and provincial governments did not. Is the mayor also spreading misinformation, or is he right that both governments failed to protect private landowners?”
Official Hansard

Mr. Speaker, all throughout today’s debate, Liberals continue to say that it is Conservatives who are being divisive and creating misinformation, among even worse items. Now, the mayor of Richmond, Malcolm Brodie, wrote in a letter from the city to all the landowners who were affected that the “City of Richmond was the only party at trial arguing that the Crown grants of fee simple necessarily extinguished Aboriginal title. The federal and provincial Crowns were each labouring under litigation directives that constrained their ability to argue extinguishment”. Does the member believe that the mayor of Richmond, Malcolm Brodie, is offering misinformation and being divisive, or is he simply calling out both the federal and provincial governments for their failures to make arguments to protect B.C.’s private property owners’ rights?

Aaron Gunn, North Island—Powell River

Conservative
“The federal government and the government of British Columbia failed to defend private property rights in court. They also signed agreements that do not protect private property. This hurts homeowners and businesses in British Columbia. We need a government that protects Canadians' property rights.”
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Official Hansard

Mr. Speaker, the mayor of Richmond is simply stating the facts as they are. The federal government and the provincial government in B.C. failed to make legal arguments to defend private property. That is a fact. However, what may be even more inexcusable is that after that court decision was made, they continued to go out and sign agreements, whether they were treaties in British Columbia or the Musqueam agreement, that did not explicitly protect private property in this new era of legal uncertainty that we now find ourselves in. That is not fair to homeowners in B.C. That is not fair to private businesses. We need to get a government that is actually putting the private property rights of Canadians first.

Marc Dalton, Pitt Meadows—Maple Ridge

Conservative
“People work hard to own their homes. A recent court decision in British Columbia puts private property rights at risk because of Indigenous land claims. The government did not defend private landowners in court, and its rules tell lawyers not to protect private property. This creates uncertainty, hurts the economy, and scares homeowners. The government must protect private property rights.”
  • 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, we are talking today about a very important issue that is impacting all British Columbians and has implications for all Canadians: property rights. In the 2021 census, two-thirds, about 66.8%, of British Columbian households owned their own home, and it was about the same throughout the country. One-third were renters, and a good many of those renters wanted to eventually own. It has become increasingly difficult during the past decade under the Liberals due to the cost of housing, rising inflation and less and less disposable income to pay for things like groceries, gas and taxes, let alone a down payment on a home. People work hard to pay down their mortgages. It can take decades. I remember one worker I spoke to not that long ago telling me that he was working seven days a week, and very long days, just to keep a roof over his family’s head and to keep their home. “It is nothing fancy”, he told me. He said that he could not give his body a break. I think of myself when I was a new teacher buying a condo, working long hours, extra hours, for money to go towards the mortgage. I think of seniors who have spent a lifetime paying down their mortgage and want to use their house as a nest egg to provide financial resources and security for their retirement and pass it on to their children and grandchildren. I do not like saying this, but this is being undermined today. In British Columbia, we sometimes have small earthquakes, we have not had a large for probably over 100 years, but I have felt them. There are tremors, foreshocks and aftershocks. The foreshocks around the world sometimes indicate that a big one is coming and should not be ignored. However, with private property rights, there are some shocks happening. The Liberals can just ignore them and say that nothing is happening. “It is the same old, same old” is what we hear from them, but there is something dangerous looming, and it is already here. Private property rights are often considered one of the foundational elements of a free and stable economy. It is important, because it impacts people’s economic freedom, their personal security and investment. For generations, Canadians have understood a basic principle: If they lawfully purchase a home, if they hold title to their property, if they invest their life savings into a piece of land, and not just their life savings, but their sweat and work, then the law protects that ownership. It is certainly not a privilege. It is one of the cornerstones of democratic society. It is what allows families to build a future. It allows farmers to invest in their land. It allows businesses to create jobs and communities to grow. Where there is uncertainty in property rights, confidence erodes, investment dries up, families hesitate and communities stagnate. This is a big concern. I had a booth at a home show over the past weekend for several days and talked to hundreds of people. The topic of property rights came up over and over again, unsolicited. It is not just what the Liberals call “fearmongering”. It is what people are feeling in the community. It is not some bad dream they are having. It is reality. There are things happening, and the Liberals have been asleep at the switch, which is an old expression. The Liberals are more than asleep. Their incompetence is a key reason that we find ourselves in the mess we are in. Last August, the Cowichan Tribes v. Canada decision of the B.C. Supreme Court threatened the private property rights of landowners in British Columbia and potentially in other provinces. In one act, the judge deemed the aboriginal title had prior and senior rights over fee simple home ownership, like over 800 acres in Richmond worth a billion dollars. It is setting a precedent that other judgments can be made on. That is the concern. That is a big concern. It sets a precedent that can expand. It is already serious enough. This ruling has shaken the foundations of British Columbia’s economy and sparked fear among landowners province-wide. As Conservatives, we are bringing this up. We are hearing what communities, like Richmond, and the owners are saying. I have met with farmers who have spent generations on their land, clearing, working and spending money. This is all being threatened and the Liberals pooh-pooh us. They say we are just barking up a tree. We are not barking up a tree. This is serious and they need to take it seriously. They cannot just say it is in the court’s hands, that we need to forget about it and just go back to sleep. We are not going to. We are going to fight for this. We are going to fight for landowners. We are going to fight for homeowners. We are going to fight for our communities. We are going to try to wake up the Liberals because they have gotten us into this situation. British Columbians bought their homes, paid their mortgages and followed the law, but because the Liberal government directed its lawyers not to argue for property rights in the Cowichan case, the judge did not protect private property. The government will say it is there and it is fighting for it, but it did not actually intervene. It said it would appeal on the very last day. The government said it had better do that as it might not be very good for it electorally. That is what it is thinking of. It is all electoral; it is all speech. Under the Prime Minister’s leadership, the federal government continues to maintain the same legal directive adopted in 2019: litigation guideline 14. That directive led Ottawa to abandon the argument in defence of fee simple title in British Columbia, including in the Cowichan case. It is still on the government’s website today, unless it was taken out this morning, to not encourage the government lawyers to stand up for fee simple property. The Liberals say we are fearmongering. That is not true. They are trying to minimize a very serious situation that British Columbians find themselves in. They say we are being racist. It is not true. Conservatives believe in reconciliation with indigenous people. It is essential. It is a moral obligation, a constitutional responsibility and an opportunity to build a stronger Canada founded on mutual respect and shared prosperity. Reconciliation cannot succeed if it is built on ambiguity, secrecy and legal confusion. What does this all mean? What is going on here for private property owners? What does it mean for municipalities? What does it mean for future land claims and development projects? British Columbia has been an important engine in Confederation and in the economy, but it is not the same. We are struggling here economically and developmentally. When business owners are afraid of expanding, that has an impact on jobs. The lack of jobs impacts taxes and revenues, which impacts health care and everything else.

Marc Dalton, Pitt Meadows—Maple Ridge

Conservative
“People cannot renew their mortgages and businesses cannot get loans because of legal uncertainty with First Nations treaties. This is causing serious problems in the Lower Mainland and other areas, and I blame the Liberals for it.”
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Official Hansard

Mr. Speaker, the Liberals are ignoring what is happening. Do they think that the business owners and the homeowners are just making things up, saying that they cannot renew their mortgages or that business owners cannot get loans? That is in the law. It is happening. It is the uncertainty. It is what is not in the treaties and the agreements, so it is causing problems. It is causing problems within the Lower Mainland and it is causing problems in other first nations. It is a mess and they can put that on the Liberals.

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