Adjournment Proceedings

An adjournment debate on a recent court ruling involving the Cowichan agreement and what it means for private land ownership in British Columbia. Mel Arnold of the Conservatives asked why the government will not cancel a rule that prevents federal lawyers from fully defending property rights in court cases involving Indigenous groups, and said residents fear their homes and ranches have lost value and cannot be sold. Kevin Lamoureux of the Liberals replied that treaties do not take away private property, that ministers and the Prime Minister have already given answers, and said the Conservatives were spreading false worries and could not name anyone who had lost property under a treaty. Arnold said Lamoureux had addressed the wrong agreement, while Lamoureux said there are several agreements and repeated that private property is protected.Written by AI from the debate. Updated .

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2 statements

Mel Arnold, Kamloops—Shuswap—Central Rockies

Conservative
“I want the government to cancel its rule that stops federal lawyers from fully defending property rights in court cases with Indigenous groups. A recent court ruling threatens private land ownership, and the government refuses to answer my questions about it.”
Official Hansard

Mr. Speaker, it is always an honour to rise in the House as the elected representative for Kamloops—Shuswap—Central Rockies. Members of the House are elected to represent Canadians and to advocate on their behalf. Every one of us is sent here to represent the people, to be their voice and advocate and to work on behalf of the people we represent. These are basic and essential principles of representative government that are supposed to be upheld in this place, but the Liberal government seems to have persistent challenges in fulfilling basic requirements of representative government. On May 8, I asked if the Prime Minister would reverse government directive 14. What is directive 14? Well, it is the Liberal government’s directive on civil litigation involving indigenous peoples, which instructs federal lawyers to limit their advocacy and arguments in litigation in which they are supposed to be representing the Government of Canada, which is supposed to represent the people of Canada. In other words, even if there are sound legal arguments for government lawyers to make in defending the interests of Canadian property rights, the Liberal government has instructed its lawyers to enter the ring with their hands tied behind their backs. With directive 14, the Liberal government has disabled the representatives of the representatives elected by Canadians to fight for the interests of Canadians. The Cowichan decision stated that aboriginal title can coexist with and supersede fee simple land titles that are the primary method of private home ownership. The Liberal government’s directive 14 was the central factor in the Cowichan case. When I asked on May 8 whether the Prime Minister would reverse directive 14, the Liberal Minister of Crown-Indigenous Relations responded by dodging my question. The Liberal government issued directive 14. The government lawyers stood down as directed. The B.C. Supreme Court concluded that aboriginal title can coexist with and supersede fee simple land titles. This has directly undermined the rights of all landowners in B.C. and across Canada. The Liberal talking point and response will likely be that the Conservatives are whipping up emotions and stirring up unwarranted fear, but it is the Liberal government directive that has caused the real fear among Canadians, especially British Columbians. When a representative elected by the people stands in the House and asks if the Liberal government will discard its reckless policy that has caused so much chaos and harm, the Liberal ministers dodge the question. Constituents have contacted me to raise their personal fears for their property rights in the fallout from Cowichan, not because someone else whipped up fear but because of their own fear. The good people of Kamloops—Shuswap—Central Rockies can count on me to raise their concerns in the House, but sadly, they cannot count on the Liberal government to provide reasonable answers. The Liberal government is not representing Canadians’ interests, nor is it defending the rights of Canadians. It is refusing to answer questions raised by members of the House elected by Canadians. All of this is the opposite of how representative government should operate. Canadians deserve to know why.

Mel Arnold, Kamloops—Shuswap—Central Rockies

Conservative
“The member did not answer my question about the Cowichan agreement. People in British Columbia are scared because their homes and ranches have lost all their value, and they cannot find buyers. The government caused this problem.”
Official Hansard

Mr. Speaker, I want to thank the member opposite for attempting to change the channel, but he really needs to go back to his drawing board. I was asking about the Cowichan agreement, not the Musqueam agreement that he referred to. His denial response is exactly what I predicted. He was going to try and blame Conservatives for stoking fear. It is real fear that is coming from Canadians, like homeowners in the Richmond area who do not know what the value of their home is. He asked whether we had specific cases of people who had lost their homes. They have not lost their homes, but they have lost all value in their homes. We have ranch properties around British Columbia that simply cannot find any interested buyers because of this situation that the government has created.

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