Official Hansard
Mr. Speaker, I rise today on behalf of the great people of Vancouver Island, and especially all of the seniors, families, workers, businesses and, perhaps most importantly, the youth of Cowichan—Malahat—Langford. Our communities stretch from Langford to Crofton, Thetis Island to Lake Cowichan to Port Renfrew and across the beautiful Cowichan Valley. It is home to numerous first nations, including the Cowichan Tribes, the largest first nation in British Columbia. We are a people who love where we live. We are people who take pride in our homes, our neighbourhoods and our future. We are rooted in the lands, the rivers, the forests, the mountains and, of course, the ocean. They are all integral parts of our soul. Today, we are all worried. The Cowichan land decision has created uncertainty and division that no community, indigenous or non-indigenous, should ever have to face. Be it on the island or across British Columbia, home values are falling, banks are refusing mortgages, sales have stalled, businesses are looking elsewhere or moving away, and anger and division are building. People are lashing out at one another. This is heartbreaking, and it is unacceptable. The Liberal government has offered nothing. There is no clarity, no plan and no leadership. The language in the Cowichan ruling describes aboriginal title as a “prior and senior right to land”, effectively creating a groundbreaking precedent putting aboriginal title above fee simple title. In other words, all privately held and Crown land is at risk. This has now created real fear of whether private property rights will still hold weight across British Columbia and, indeed, across Canada. These are not abstract legal questions, however. They are conversations happening every night in Duncan, Langford, Shawnigan Lake and Mill Bay and within the Cowichan Tribes. Parents are asking whether their home, their single greatest asset, is still secure. Seniors are wondering whether they can afford to retire and young families are questioning whether they can stay on Vancouver Island at all. Our youth are wondering what Canada will look like in the future. Our first nations are seeing reconciliation sentiment taking a major step backwards. Through all of this, the Prime Minister has remained silent. Instead of leadership, we have his litigation directive number 14, which forbids federal government lawyers from defending private property rights. It is a directive that tied their hands in British Columbia’s appeals court and will now automatically tie their hands again, this time in the Supreme Court of Canada going forward. This is not reconciliation. This is the abandonment of all Canadians, and it is deepening division, anger and stress among neighbours, friends and families, which is exactly the opposite of what reconciliation should bring. British Columbia deserves better, Vancouver Island deserves better and the Cowichan Tribes deserve better. Reconciliation cannot be built on secretly negotiated agreements or confusion. It cannot come at the expense of homeowners, the very stability of our economy or the core of our country. For decades, we had a made-in-Canada approach that balanced indigenous rights with the needs of society as a whole through an established treaty process. Section 35 of our Constitution recognized and affirmed these rights. It created a framework that brought stability and prosperity. It was not perfect, but it worked, and now the Liberal government has walked away from that. It has leaned on the declaration of the United Nations, which is an unelected body. It is not Canadian and it is not part of our legal system. The declaration is not binding and was never intended to override private property rights, yet the Liberals are using UNDRIP as if it does. The Liberals signed the rights recognition agreement with the Musqueam, which is not a treaty through the court system, but a closed-door, secretly negotiated agreement that failed to explicitly protect fee simple or private property owners and neglected to even mention them. It is an agreement that awarded the Musqueam aboriginal land title over the majority of greater Vancouver, including lands previously awarded to the Cowichan Tribes in Richmond, B.C. They created a conflict between two separate aboriginal titles. In fact, almost all of British Columbia is potentially under overlapping aboriginal land claims. With the Cowichan decision setting the precedent that aboriginal title is superior to private property and Crown title, British Columbia is in a mess. That precedent has now rippled across Vancouver Island, creating confusion and fear from Langford to Ladysmith and across British Columbia. This is not reconciliation. This is recklessness. Today, I am calling on the Prime Minister to act clearly, publicly and immediately. Our Conservative plan has four straightforward pillars. First, put private property rights first in the Cowichan case and restore the extinguishment agreement the Liberals abandoned in 2018. No one should ever have to wonder whether their home is truly their home. Second, make no agreement without explicit protection for all existing fee simple owners. The secret Musqueam agreement failed to do this. The Prime Minister must correct this mistake and guarantee that all future agreements protect people’s homes. Third, publish a plan within 30 days to protect Canadians affected by the Cowichan decision in the Musqueam agreement. Do not hold a press conference. Do not make a promise. Do not sign an MOU. Publish a real plan with timelines and commitments, delivered personally by the Prime Minister. Finally, convene a special parliamentary committee to examine every legal, constitutional and political tool available to protect private property rights across Canada. This crisis is not limited to the Cowichan Valley. It has spread across Vancouver Island, Richmond and British Columbia, and it will soon spread across Canada. If we do nothing, we will leave future generations with a fractured legal landscape and a broken economy. There is a better path, one that respects indigenous rights and private homeowners. We see that path in our Conservative platform. It is practical, economic reconciliation. It will put first nations back in control of their own revenues, reduce bureaucracy and government controls, strengthen local economies, including on Vancouver Island, and bring first nations into the federation as full partners, not wards of the state. First nations chiefs from across the country and across British Columbia have said the same thing. They want less Ottawa and more autonomy, and they want to build prosperity for their people. Conservatives agree. Reconciliation must be built on partnership, not secrecy; on clarity, not confusion; on respect, not fear; and on truth, not misinformation. The Truth and Reconciliation Commission called for both truth and reconciliation. The Prime Minister has failed to deliver either. The great people across Cowichan—Malahat—Langford deserve a government that protects their homes and their future. The Cowichan Tribes deserve a government that respects their jurisdiction and supports their economic independence. Canada deserves a government that understands that reconciliation and private property rights are not competing ideas, but are both essential to a stable and united Canada. The Prime Minister has a choice. He can continue down a path of silence and uncertainty or he can act clearly, transparently and responsibly to restore confidence in our legal system and protect the rights of every Canadian. My community is watching, the Cowichan Tribes are watching and Vancouver Island is watching, and we are waiting. It is time for the Prime Minister to show leadership.
