Indigenous Affairs

During question period on Indigenous affairs, members discussed a British Columbia court case concerning private land ownership and Indigenous land claims. Conservatives, led by Pierre Poilievre, said the government told its lawyers not to defend homeowners’ property rights and asked the government to support a motion directing federal lawyers to argue for the protection of fee simple private property in the appeal. Liberal ministers Rebecca Alty and Sean Fraser said Canada defended fee simple title at trial, is appealing the Cowichan decision because it believes the ruling was incorrect, has urged since 2017 that private landowners be notified of the litigation, and that litigation guidelines do not bar specific defences but require a principled basis and evidence. The Liberals said the matter belongs in the courts rather than the House of Commons.Written by AI from the debate. Updated .

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6 statements

Pierre Poilievre, Leader of the Opposition

Conservative
“The government ordered its lawyers not to defend people's property rights in a British Columbia court case. Homeowners are worried about losing their homes. I want the government to vote for our motion and defend these property rights in court.”
  • A repeated line

    “The Prime Minister is just another Liberal.”

    Said 22 times by 14 members since April 23.

    Every time it was said
Official Hansard

Mr. Speaker, there is more tax, more cost, more chaos and more of the same. The Prime Minister is just another Liberal. Take, for example, the threat to the property rights of British Columbians. The Liberal government instructed its lawyers not to defend the property rights of British Columbians in the Cowichan case. In fact, they are forbidden to this day, based on guideline 14, which is still on the government’s website, from putting property rights first. That case is coming up for appeal. People who paid for their homes and paid down their mortgages are worried about losing their most treasured asset. Will they reverse themselves, vote for the Conservative motion and defend property rights in court?

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“We will keep defending private land ownership in court. This issue belongs in the courts, not in the House of Commons.”
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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, at trial, Canada defended the validity of fee simple title granted by the Crown, and we will continue to do so on appeal. That is why, as far back as 2017, Canada argued before the court that private landowners should be notified of the litigation. This is why we supported Montrose’s application to present evidence that was not before the court during the trial, which is occurring today. We will continue to pursue this matter where it belongs, in the courts, not on the floor of the House of Commons.

Pierre Poilievre, Leader of the Opposition

Conservative
“The government tells British Columbians they might lose their homes instead of protecting them. Government guidelines tell federal lawyers not to defend private property rights first in court. I want the Liberals to vote for our motion, change those rules, and defend private property in court.”
Official Hansard

Mr. Speaker, they are bragging that, back in 2017, they agreed that they would inform British Columbian homeowners that they might lose their property. British Columbians do not want to be informed that they are losing their homes. They want to be informed that their government is fighting to defend their property. The hon. minister says they will debate it in the courts. They are not debating in the courts. They have a guideline. The Prime Minister has a guideline on the government’s website banning federal lawyers from arguing that private property comes before every other claim. Will the Liberals vote for our motion, reverse those instructions and defend property rights in court?

Sean Fraser, Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency

Liberal

Linked statement

“We are appealing this court ruling because we believe it was wrong. We support private property rights and reconciliation. We want the court to hear from private property owners, and our appeal will help do that.”
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  • A repeated line

    “A private property owner in the area.”

    Said 3 times by 3 members since May 7.

    Every time it was said
Official Hansard

Mr. Speaker, as the hon. member knows, the federal government has appealed the decision of the superior court because we believe it was incorrect. In addition to making that appeal, we have been advocating for the court to notify private property owners since 2017. In addition, we are supporting the application of Montrose, a private property owner in the area, to ensure that the arguments they are making will be heard by the court in full. We believe in private property rights. We believe in reconciliation. We can manage this issue appropriately by continuing forward with the appeal. I look forward to having the opportunity to make that case.

Pierre Poilievre, Leader of the Opposition

Conservative
“I want the government to vote for our motion to protect private property. Federal lawyers should argue in court that nobody can take away land that seniors and small businesses already own.”
Official Hansard

Mr. Speaker, that is exactly the problem. There will be an appeal, and we want to ensure that federal lawyers are, this time, able to make the arguments that the Liberal government banned them from making last time, which is that when somebody has fee simple home ownership property, or when a small business owns a patch of land, there is no other claim that can supersede that one. These are seniors who made down payments and worked for 30 years of their lives paying property taxes, and who toss and turn at night because they do not know if they own their homes. Will the government reverse its disastrous direction, reverse its Liberal instruction and vote for our motion to protect property?

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“We will always use valid legal arguments in court when we have the evidence to back them up. We appealed the Cowichan court decision, and we are keeping all our legal defence options open.”
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Official Hansard

Mr. Speaker, our government will always raise legally viable 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. Regardless of the directive, the government would never make arguments that do not have a principled basis and evidence to support them. Canada has appealed the Cowichan court ruling, and all viable defences remain on the table.

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