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

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“I will not talk about our legal strategy for the Cowichan court case here. The Conservatives keep asking about the Musqueam agreement, but they should just read it themselves. The agreement clearly says it is not a treaty or a land claims deal, and it does not change Musqueam rights or title.”
Official Hansard

Mr. Speaker, the Cowichan case is under active litigation and we will not be discussing our legal strategy on the House of Commons floor. However, yesterday, the Conservatives had a lot of questions about something that is public and available for them to read, which is the Musqueam agreement. Let me read the Musqueam agreement since they will not read it themselves. Section 5.1 of the agreement states, “This Agreement does not constitute a treaty or lands claims agreements...”. Section 5.2 states, “This Agreement does not create, amend, define, establish, abrogate or derogate from Musqueam’s Rights and Title.” There is more on the website for them.

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“I will not discuss our legal strategy for the Cowichan court case because it is still before the courts. We appealed the ruling, and we will use any legal argument that is supported by facts and principles.”
  • Government answer in Question Period

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Official Hansard

Mr. Speaker, as mentioned, the Cowichan case is under active litigation and we are not going to discuss our litigation strategy. The Conservatives have referenced the litigation direction, but they have read only one sentence out of principle number 14. Our government will always raise valid arguments in court. That is what the law demands and what Canadians deserve. Litigation guideline number 14 does not preclude Canada from relying on any specific defences, but requires a principled basis and evidence to support the defence. Canada has appealed the Cowichan ruling, and all viable defence—

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“The Conservatives do not understand the rules or the Musqueam agreement. The agreement is not a secret. It is public, and they should read it.”
Official Hansard

Mr. Speaker, the one thing that is clear is the Conservatives have not read the Musqueam agreement, the full litigation principle number 14 or the Canadian Constitution. Section 92 shows that provincial authority is private property and private property is provincial authority. The member opposite yesterday was talking about the “secret” agreement of Musqueam. Again, it is available on the website. There are sections 5.1 and 5.2 that he should read.

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“Two different courts have made opposite decisions on this issue. That is why we and many other groups appealed the Cowichan case to get a clear answer from the courts.”
  • Government answer in Question Period

    Relevance 46 of 100

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  • A repeated line

    “We now have two courts in Canada taking opposite approaches.”

    Said 4 times by 2 members since May 7.

    Every time it was said
Official Hansard

Mr. Speaker, I appreciate the member opposite flagging the New Brunswick Court of Appeal. They reached a very different conclusion from Cowichan. Therefore, we now have two courts in Canada taking opposite approaches. That divergence is exactly why clarity from the courts is required, and that is the clarity that we are seeking in the Cowichan case, which we appealed, the Government of British Columbia appealed, the Cowichan appealed, the Musqueam appealed, the Tsawwassen appealed and the City of Richmond appealed. It is active litigation before the courts.

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“The government has supported private landowners being heard in the Cowichan court case. We agreed to a request to reopen the trial so an affected property owner can take part, and we are waiting for the judge to decide.”
  • Government answer in Question Period

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    None of this answer addressed the specific question that was asked.

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  • A repeated line

    “That is why, as far back as 2017, Canada argued that private landowners should be notified of the litigation.”

    Said 4 times by 2 members since May 7.

    Every time it was said
Official Hansard

Mr. Speaker, I encourage the member opposite to read all of litigation principle number 14. He has only read the first sentence. However, what I will talk about is the Cowichan case and the current status. As far back as 2017, Canada argued that private landowners should be notified of litigation. However, the courts ruled against that. Since the ruling last summer, we consented to the Montrose application, and we are now awaiting a ruling from the judge on that. Montrose has applied to the British Columbia Supreme Court to reopen the trial and be added as a party. That will allow an impacted private property owner to be heard at trial.

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