Indigenous Affairs

At question period, members focused on a court ruling concerning Cowichan Tribes’ land claim in British Columbia and its implications for private property ownership. Conservative members asked why the government was appealing the ruling, pressed for protection of private property rights, and called on the Prime Minister to revoke a litigation directive they said prevented government lawyers from arguing fee simple property rights in the case; one member also raised a separate New Brunswick land-claim case before the Supreme Court. Minister Rebecca Alty responded that the Cowichan case is under active litigation so legal strategy could not be discussed, said the government would raise any valid arguments, pointed to two courts reaching different conclusions as a reason to seek clarity from the appeal, and noted Canada has supported landowners being heard in the case, including agreeing to reopen the trial so an affected property owner can participate. She also referred members to the publicly available Musqueam agreement and to the full text of litigation principle 14.Written by AI from the debate. Updated .

Official text (opens in a new tab)

5 statements

Chak Au, Richmond Centre—Marpole

Conservative
“The government says it disagrees with a court ruling about Indigenous land claims, but it has not explained why. Homeowners and businesses need certainty. I want the government to explain what part of the ruling it is challenging and how private property will be protected.”
Official Hansard

Mr. Speaker, the Liberal government says it disagrees with the Cowichan ruling, but Canadians still do not know what exactly the Liberals disagree with. Which part of the ruling are they appealing? On what legal basis does the government believe that private property ownership can coexist with aboriginal title? Homeowners, municipalities and business owners deserve clarity. Why are the Liberals refusing to give Canadians certainty?

Tamara Kronis, Nanaimo—Ladysmith

Conservative
“The government lost a court case to the Cowichan Tribes because it told its lawyers not to defend private property rights. Homeowners in British Columbia followed the law and need protection. I want to know if the government has a plan to protect their property rights.”
  • A repeated line

    “Paid their mortgages and followed the law.”

    Said 4 times by 3 members since May 7.

    Every time it was said
Official Hansard

Mr. Speaker, the Liberals failed to negotiate with Cowichan Tribes, so they got sued and lost. They told their lawyers not to argue fee simple property rights, so the one argument they need is not viable on appeal. British Columbians bought their homes, paid their mortgages and followed the law. They want answers, so we spent the week asking. Instead of answers, we got insults, intimidation and illusions. The legal directive stopping federal lawyers from defending property rights is still on Canada.ca, so Liberal claims about defending those rights are just smoke and mirrors. Do the Liberals have a plan, or are they going to let judges make property rights vanish before Canadians’ eyes?

Mel Arnold, Kamloops—Shuswap—Central Rockies

Conservative
“The government told its lawyers not to defend property rights in a court case. Because of this, homeowners in British Columbia do not know if they still own their homes. I want the Prime Minister to cancel that rule today.”
  • 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, because the Liberal government directed its lawyers to not argue property rights in the Cowichan case, British Columbians who bought their homes, paid their mortgages and followed the law now do not know the status of their home ownership. The Liberal government directive number 14 is still in place. This means that the legal instruction for federal lawyers to not defend property rights remains in place today. British Columbians need certainty of their home ownership. Will the Prime Minister reverse directive 14 today?

John Williamson, Saint John—St. Croix

Conservative
“The Supreme Court might hear a land claim case in New Brunswick that covers private land. Supporters want the government to take this land and give it back to Indigenous groups. The Liberals told government lawyers not to protect private property in a similar case in British Columbia. I want to know if the Prime Minister will change that rule and protect private property owners.”
Official Hansard

Mr. Speaker, the Supreme Court is considering whether to hear a New Brunswick land claim case involving private property across half the province. Supporters of the claim openly argue that aboriginal title should apply to private land. They believe that government should use expropriation powers to transfer it. The Liberals directed government lawyers to not defend private property rights in the Cowichan Tribes case in British Columbia. Will the Prime Minister reverse this directive or will he abandon his responsibility to defend the rights of property owners on Canada’s west and east coasts?

John Williamson, Saint John—St. Croix

Conservative
“The government is putting private property rights at risk. I want to know if the Prime Minister will protect private property in all future legal cases and talks with First Nations.”
Official Hansard

However, Mr. Speaker, Canadians are demanding clarity from the government on its legal strategy and that the government stand up and defend private property, but the Liberals are putting private property rights at risk in Canada. In 2019, the Liberal government removed arguments to support fee simple private property rights in the Cowichan case. We cannot blame government lawyers for following ministerial directives. The federal government must ensure fee simple property ownership takes priority in legal cases. Will the Prime Minister protect private property rights in all future negotiations and legal cases with first nations, yes or no?

Discussion

No comments yet

See the full discussion

Comment rules

More from sitting 120

  1. Government Orders Military Justice System Modernization Act 22 statements
  2. Oral Questions Employment 12 statements
  3. Oral Questions Oil and Gas Industry 6 statements
  4. Oral Questions Youth 4 statements
  5. Oral Questions Finance 2 statements
  6. Oral Questions Justice 4 statements
  7. Oral Questions National Defence 6 statements
  8. Oral Questions Justice 2 statements
  9. Oral Questions Indigenous Affairs 10 statements
  10. Oral Questions Foreign Affairs 2 statements
  11. Oral Questions Health 6 statements
  12. Oral Questions Public Safety 2 statements
  13. Oral Questions Finance 2 statements
  14. Oral Questions Climate Change 2 statements
  15. Government Orders Military Justice System Modernization Act 28 statements
  16. Oral Questions International Trade 4 statements
  17. Oral Questions Finance 8 statements
  18. Oral Questions Canadian Identity and Culture 2 statements
  19. Private Members' Business Food and Drugs Act 14 statements
  20. Oral Questions Youth 4 statements
  21. Oral Questions Finance 2 statements
  22. Oral Questions Youth 2 statements