Indigenous Affairs

In question period, members asked about a B.C. Supreme Court decision (Cowichan Tribes v. the Attorney General of Canada) declaring Aboriginal title over lands that include private property. Conservatives said the roughly 150 private landowners in the affected area are worried, that the appeal will take years, and that in the meantime realtors, banks and property values in Richmond, B.C. are being affected; they asked why the government did not protect private property rights and how it will resolve the uncertainty. The government said it disagreed with the ruling and has appealed it, noted that the New Brunswick Court of Appeal in the Wolastoqey case found Aboriginal title cannot be declared over private property, said it supported a private property owner’s participation in the case, and said provinces handle private property and it is excluded from federal land-claim negotiation mandates, while maintaining that both private property rights and work with Indigenous peoples can be protected.Written by AI from the debate. Updated .

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3 statements

Tako Van Popta, Langley Township—Fraser Heights

Conservative
“A court gave Indigenous title over private land to a First Nation, and 150 landowners are worried. The government told its lawyers not to protect these private property rights. What is the government doing for these landowners?”
Official Hansard

Mr. Speaker, in Cowichan Tribes v. the Attorney General of Canada, the B.C. Supreme Court declared aboriginal title over private lands, and the private landowners, 150 of them, are worried. It has been well documented that the Liberals directed their federal lawyers to drop arguments protecting private property rights, to pull their punches and allow aboriginal title to take precedence. Where are the results for private landowners?

Tako Van Popta, Langley Township—Fraser Heights

Conservative
“Homeowners in British Columbia are hurting because a legal appeal will take years. Banks will not lend money, and property values are falling. I want to know why the federal government did not protect people's private property rights.”
Official Hansard

Mr. Speaker, the reality is that the appeal process in British Columbia is going to take years. In the meantime, homeowners in Richmond, British Columbia, and throughout the province are feeling insecure. Here is the reality in the subject territory in Richmond. Realtors are not taking listings, appraisers are devaluing property values and bankers are not lending money on title that they see as insecure. My question again is this: Where was the federal government to stand up for private property rights?

Tamara Kronis, Nanaimo—Ladysmith

Conservative
“Recent court decisions have created confusion in British Columbia about how Indigenous land claims affect private property. I want the government to explain how it will fix this confusion and protect private land owners.”
Official Hansard

Mr. Speaker, here is the thing: The Cowichan Tribe decision introduced uncertainty around how aboriginal title interacts with private property in B.C. While the Supreme Court declined an appeal in Wolastoqey, a refusal of leave is not a decision on the merits and does not create binding national precedent. This leaves Canadians with competing legal approaches on a critical legal question, all while Liberal directive 14, which discourages private property defences, remains in force and a Cowichan appeal is many months away. B.C. deserves to know now how the Liberals will provide the certainty we need. Where—

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