Official Hansard
Mr. Speaker, I will be splitting my time with the member for Cowichan—Malahat—Langford. It is always an honour to rise as the elected representative of Kamloops—Shuswap—Central Rockies. As I have previously stated in this place, all of us have a solemn responsibility to provide representation and voice to the citizens who depend on us to do their bidding here in Parliament. Canadians need us to be vigilant for challenges and dangers that emerge and take actions to prevent, mitigate and overcome the challenges and dangers, including unintended consequences caused by the actions or inaction of levels of government. In these times of global uncertainty, Canadians need our vigilance and action perhaps more than at any other time. Today, I rise to speak to today’s Conservative opposition day motion. This motion opens with how the Cowichan Tribes v. Canada decision has created massive uncertainty around fee simple property, not just in Richmond, B.C., where the land relevant to the case is located, but across my home province of British Columbia and other parts of Canada. All this is because the legal basis on which Canadians and businesses alike own their homes and land, the basis on which economies are built, the basis that has provided the general stability for growth, investment, surety and prosperity, has been undermined. The certainty of fee simple property has been undermined, and with it the stability and security of every property owner in B.C. and beyond. I believe all of us in this House are proud to call Canada home, while we also recognize historical imperfections, chapters of our shared history in which forebears, including the federal government, failed. It is important to recognize and learn from historical failures. It helps strengthen our nation. So does recognizing our historical successes, reflected by the fact that our ancestors and predecessors built a country that others around the globe have admired because they have seen the opportunities that flowed from our stability and certainty. However, the sharp decline in certainty in the wake of the Cowichan decision has caused instability, directly harming opportunities for Canadians, while also putting a chill on those who would otherwise invest in Canada. If others look at Canada and see internal turmoil and conflict rather than stability, they will go elsewhere to pursue opportunities. Instability and insecurity reflect on Parliament, and all parliamentarians should reflect on how we can increase stability and security for citizens, both today and far into the future. The Cowichan decision is already having a significant impact on the outlook of citizens. Home values and project financing, not just in the immediate area around Richmond but across B.C., have been impacted. When I meet with people at events and on the streets across the riding of Kamloops—Shuswap—Central Rockies, people come up to me and ask if their future and title to their property, which they have worked a lifetime to pay for, are at risk. The instability caused by the Cowichan decision was compounded when the Liberals negotiated the Musqueam Rights Recognition Agreement in secret, without ensuring that it contains protections for property rights and without ensuring proper transparency or consultation with other potentially affected first nations. The Musqueam agreement covers up to 533,000 hectares, including metro Vancouver and the Richmond lands that are at the centre of the Cowichan ruling. Canadians are asking questions, questions that the Liberal government will not answer. When the Prime Minister stated, “All federal agreements with first nations, with indigenous peoples and with rights holders protect private property rights and protect indigenous peoples’ rights”, did he know that this is not the case? The Musqueam Rights Recognition Agreement contains the word “private” only once and not in reference to private property. The Musqueam Stewardship and Marine Management Agreement does not contain the word “private” or “property”. The Musqueam Fisheries Agreement does not mention the word “private” or “property”. The agreement that provides the Musqueam with revenues from the Vancouver airport does not contain the word “private” or “property”. None of these agreements signed by the Liberal government protect private property rights, as the Prime Minister tried to claim they do, so either the Prime Minister has no idea what is in these agreements or he has been misleading Canadians. If we are to have true reconciliation in Canada, I believe we must also have truth. When we have a Prime Minister who either does not know or does not care what agreements his government is signing, or is willing to mislead Canadians on what is in those secretly negotiated agreements, it is no wonder that Canadians have questions for us, as they have elected us to be their representatives and voice. Canadians already face enough pressure from high costs and economic uncertainty without having to wonder whether their homes are truly theirs. The Liberal government must provide certainty and stability by openly reaffirming private property in court, and it must make it clear in writing that Canadians’ homes and land titles will be protected. Thus far, they have failed to do this. As Conservatives, we have urged the federal government to reinstate the arguments before the Court of Appeal that fee simple landownership supersedes all other titles, and we call on the government to take the following steps to protect property rights. Step one would be to put private property first in the Cowichan case by arguing that this has priority over all other titles and reversing the current position directing federal lawyers not to argue for property rights and the withdrawal of the extinguishment argument from the earlier 2018 decision. Step two would be to make no agreement without explicit property protection, so that existing fee simple owners are protected in all future agreements with first nations, reversing the government’s failure to explicitly protect people’s homes in the agreements the Liberal government has signed, which fail to explicitly protect fee simple property ownership, causing confusion, fear and risk, instability and uncertainty. At a time in global history when we are all seeing so much instability and uncertainty, this is a time when Canada could be a shining example in which all Canadians, regardless of ancestry, could have the sense of certainty and stability that others used to see in us. We cannot restore certainty and stability through secretly negotiated agreements. I have always believed that bringing everyone to the same table allows us to fully understand each other’s perspective. Failing to do so only brings speculation, skepticism and distrust. If we are to build trust and respect, we need the government to respect all Canadians and restore confidence for homeowners across British Columbia and Canada, by convening a parliamentary committee to study all legal, constitutional and political steps that can protect private property rights in Canada, in light of the Cowichan decision and the Musqueam agreement. In this way, the government can begin restoring trust, the trust that is required to move forward with the transparency, balance, stability and certainty that Canada once had.
