Official Hansard
Mr. Speaker, I want to begin by speaking directly to Canadians who may be watching this debate today and feeling anxious or uncertain. As the Prime Minister has made clear, “private property rights are fundamental...[and our government] will always defend them.” Federal agreements, including agreements about aboriginal title, have always protected and will always protect private property. Before I begin, I want to remind members of this House that the Cowichan case is subject to active litigation and appeal. As it stands right now, the trial order has not yet been entered and will not be entered until the Montrose application to reopen the trial, which I will discuss later, is resolved. Given the impact our words here today could have on this active litigation, it is important that all members of this House, including myself, are judicious and responsible with their words. Let us get to the motion. Our government agrees with some of the principles in the motion and already takes many of them into negotiations. However, we will not allow the Conservatives a platform to continue to spread disinformation with a special committee. We will not allow this Parliament to be used to relitigate an active court case with partisan rhetoric, which could potentially jeopardize the ongoing litigation. Respect for the judicial process is essential. Canadians do not need the Conservatives’ political chaos and poorly informed commentary layered on top of the complex legal questions at play in this case. Further to that, this motion is redundant as it calls on the government to do things we are already doing. For example, in the Cowichan case, the government has defended the validity of grants of fee simple title by the Crown and will continue to do so on appeal. Again, as the Prime Minister said last week, “private property rights are fundamental...[and we] will always defend them.” It is already Government of Canada policy to only make rights and title agreements that protect the private property of Canadians. I can assure this House, and all Canadians, that we will not, nor would we ever, entertain or even consider an agreement where Canadians lose their private property. In fact, we have been signing modern agreements with first nations since the 1970s. None of those modern treaties, negotiated agreements or federal approaches have led to Canadians losing privately owned land. It is important to note that any agreement on aboriginal title at the federal level has protected and will protect private property. Before I go any further, I would like to briefly share my perspective on this debate. I come from a region shaped by modern land claims based on historic treaties. I am not indigenous. I own private property in an area covered by a modern treaty. I have lived, worked and governed in contexts where indigenous and non-indigenous Canadians have learned—sometimes imperfectly, but always constructively—to coexist on the same territory. This experience has taught me a fundamental lesson: The key to success is not to stoke fear. It is not spread disinformation, and it is certainly not to use political opportunism. The key is to sit down at a table, have constructive discussions and responsibly carry out the difficult work of reconciliation. That is what our government is doing, but that is precisely what this motion seeks to undermine. This motion wraps itself in the language of private property while fundamentally misrepresenting the government’s position, the facts on the ground and recent federal agreements with indigenous partners. It also confuses the results of a court decision, one that our government fundamentally disagrees with, and a negotiated agreement that does not deal with Canadians’ private property interests. It suggests that government agreements are giving away private land. It suggests that, because of the Musqueam agreement, Canadians could lose their homes. None of that is true. What is true is that this motion is an opportunistic political play by the Conservatives to create fear, stress and division. If they truly cared about addressing Canadians’ concerns, they should have put forward a motion grounded in facts and that reflects the situation as it is, not one that only serves their political interests. Let us turn first to the Cowichan decision. This case has a long and complex history. It is, in fact, the longest civil trial in Canadian history at over 500 days. At its core, it raises legal questions about aboriginal title and how it interacts with Crown obligations and existing land ownership systems. Throughout the case, Canada has consistently defended the validity of Crown grants of fee simple title, and we continue to do so today. That position has not changed. We also recognize that private ownership is a foundational part of Canada’s legal system. It gives people certainty and confidence in their homes and businesses. That matters to Canadians and it matters to our economy. Canada has formally appealed the decision because we believe further legal clarity is required, particularly with respect to private property interests. We will advance all legally viable arguments to protect that clarity. Importantly, the court ruled that British Columbia, not the federal government, has the duty to negotiate in good faith regarding privately held lands, because jurisdiction over private property and land registries rests with the provinces. Section 92 of the Constitution Act establishes provincial authority over property rights, placing legislative control over property ownership and use within provincial jurisdiction. The Conservatives continue to ignore the fact that this is constitutional reality, not political choice. To that end, British Columbia has appealed. British Columbia is acting within its jurisdiction, and British Columbia is working on measures to support potentially impacted private property owners. When it comes to aboriginal title, more generally, it is important to note that the law is far from settled in this regard. For example, the New Brunswick Court of Appeal reached a very different conclusion in J.D. Irving, Limited et al. v. Wolastoqey Nation, as compared to the B.C. Supreme Court’s decision in Cowichan. The New Brunswick Court of Appeal states that it is open for a court to make a finding of aboriginal title over private property, which could lead to a compensation award against the Crown, but that a declaration of aboriginal title cannot be made over private property. Canada is waiting for the Supreme Court of Canada to confirm whether it will hear an appeal of the Wolastoqey Nation decision, and we are monitoring this case closely. We now have two courts in Canada taking opposite approaches. That divergence is exactly why clarity from the court is needed. We recognize that the Cowichan decision has caused uncertainty and anxiety. Canadians deserve to feel secure in their homes and investments. That is why, as far back as 2017, Canada argued that private landowners should be notified of the litigation. Further, since the ruling last summer, we, Canada, consented to the Montrose application and we are now awaiting a ruling. For those who are unfamiliar, Montrose is a company that operates in Richmond and claims to be the largest landowner in the declared Cowichan title area. Montrose has applied to the British Columbia Supreme Court to reopen the trial and be added as a party. If the trial is reopened in a limited way, Montrose, an impacted private property owner, will have the opportunity to present evidence and its perspective on the impacts of this decision. The judge will rule on whether or not there should be a limited reopening of the trial. This may impact the decision made by the judge in August 2025. We consented to this application because we believe that when people may be directly affected by legal ruling, they deserve to be heard. Canadians know what they can expect from our government. We have appealed the Cowichan decision, and we will advance all legally viable arguments to preserve the certainty of private property interests. As I said at the beginning of my speech, though, the Conservatives believe that they should use Parliament to relitigate an active court case. Let me be clear. Having these discussions here on the floor of the House of Commons or in a special parliamentary committee, instead of in a courtroom where they belong, has the potential to negatively impact Canada’s legal position and may actually undermine arguments on appeal that would protect private property. We must respect the judicial process and continue to seek resolution of this matter through the courts. The Conservatives have suggested that the directive on civil litigation involving indigenous peoples restricted Canada’s ability to advance legally viable defences in the Cowichan litigation, specifically referring to litigation guideline number 14. Litigation guideline number 14 of the directive does not preclude Canada from relying on any specific defences, but requires a principled basis and evidence to support the defence. Canada is currently reviewing potential legal arguments for the Cowichan appeal, and all potential defences remain on the table. Again, our government will always raise valid arguments that we believe will be successful in court. That is what the law demands and what Canadians deserve. Regardless of the directive, the government would never make arguments that do not have a principled basis and evidence to support the defence. Canada is currently reviewing all legally viable arguments for the Cowichan appeal and all potential defences remain on the table. However, even if the Conservatives are not listening, I want to reassure Canadians at home who are watching that Canada will advance all legally viable arguments on appeal to protect private property. I now want to turn to the incremental rights recognition agreement with the Musqueam first nation, another area where misinformation has flourished. This agreement did not appear overnight. In 2017, Cowichan and Canada signed a memorandum of understanding. In February 2026, that work evolved into a framework agreement. This is not a title agreement, and it is not a land claim. Let me be absolutely clear on a point that has caused concern: This agreement does not affect private property. In fact, it cannot affect private property because it is a bilateral agreement between Musqueam and the federal government. Why does that matter? It is because, again, private property falls under provincial jurisdiction. As I have said, section 92 of the Constitution Act establishes provincial authority over property rights, placing legislative control over property ownership and use within provincial jurisdiction. The federal government does not have the authority to negotiate Canadians’ privately held lands, and this agreement does not in any way attempt to do that. It is important to note that all discussions of aboriginal title at the federal level protect private property. No modern treaty, negotiated agreement or federal approach has ever led to Canadians losing their privately owned land. Further, it is important to note that the Musqueam themselves have been clear. In fact, just a few weeks ago, Musqueam’s chief negotiator said that private property was never on the table. It was a non-starter from the very beginning. As the agreement itself states, this work is about building relationships, establishing principles and setting out processes for future discussion, not transferring land. I really want to highlight one bullet from the agreement for us to remember throughout the debate today. It reads: For a long time we, Musqueam and Canada, misunderstood each other. We are all one and we are here to stay. It was impossible for this misunderstanding to go on. We wanted to reach a mutual understanding and that is why we gathered together to make an informed decision. In the spirit of reconciliation and consistent with the principle of nəća̓ʔmat ct [which means we are all one], Musqueam will continue to work collaboratively with Canada to further our mutual interests to transform conflict and injustice, to create partnerships in the spirit of unity, with the aim of developing processes for shared decision-making, revenue and benefit sharing, and dispute resolution. This agreement is the result of more than 10 years of negotiation. Negotiation, instead of litigation, provides clarity, stability and better outcomes for everyone involved. Again, despite what the Conservatives would have Canadians believe, it does not interfere with fee simple property ownership. The maps circulating online showing “land being given away” are maps of Musqueam’s claimed historical territory, not title. Conservatives confusing the two is either careless or deliberate. The government has not agreed to anything new with respect to these areas. We will not, cannot and will never negotiate away Canadians’ private property. There are no clauses transferring private homes. There is no sudden erosion of municipal or provincial authority, and there is no legal basis for the climate of panic the Conservatives are attempting to create. I will remind the members on the other side of the aisle that responsible leadership means actually reading agreements before condemning them. Let me offer the House a concrete example of a title agreement, the Haida Nation Recognition Amendment Act, which became a law in B.C. on May 16, 2024. The law confirms the “Rising Tide” Haida Title Lands Agreement and enshrines the recognition of Haida aboriginal title in the laws of B.C. The agreements and legislation provided important protections such as the following: Private property, residential, commercial or industrial, is not affected by the recognition of Haida aboriginal title; and privately owned land, or fee simple property, remains under provincial jurisdiction and the recognition of Haida aboriginal title will not change any rights associated with it. This means that business licences, building permits and zoning continue as is through the reconciling process. It means that key infrastructure, like ferry terminals and highways, continues to be operated and maintained by the province. It means that provincial and municipal services provided by Haida Gwaii, including health, education, transportation and fire and emergency services, also continue as they are. The agreement and provincial legislation came into effect on July 5, 2024. It has been almost two years and the sky has not fallen. Life has continued on for folks. That is what negotiated coexistence looks like in a constitutional democracy. With regard to aboriginal rights and treaty rights, we will continue to hold consultations on mines and major projects of national interest. None of this is new. Even before the title was established, the Crown always had a duty to consult. Title clarifies the rights of indigenous partners; it does not invent duties out of thin air. In 2014, when the Supreme Court affirmed aboriginal title in the Tsilhqot’in decision, some critics predicted chaos. They warned of economic collapse. They said Canadians would lose their land. None of that happened. That was 12 years ago. We have gained clarity about the nature and location of lands covered by Tsilhqot’in aboriginal title. That clarity has provided certainty to investors, communities and the government, which has enabled them to build. One of the greatest harms of this motion is not legal, but social. It invites Canadians to fear reconciliation. That is not leadership. Many Canadians were not taught about treaties or unceded land, but a lack of education is not an excuse for the Conservatives’ spreading misinformation now. Leadership means explaining complexity, not exploiting it for fundraising opportunities. Let us be serious. We can protect private property. We can advance aboriginal title and rights. We can do both without reopening the Constitution as this motion proposes because, frankly, we do not have time for a constitutional wrangling exercise. Canadians want homes built, projects approved and the economy growing. We can do that right now within our existing constitutional framework. Hope is not a plan and nostalgia is not a strategy. If the Conservatives ever hope to lead, they will need to learn how to work with all Canadians, including indigenous partners. That means quitting the fearmongering, quitting the misinformation, starting to learn and starting to build relationships. They need to recognize that reconciliation and economic growth are not opposites. They are partners when done properly. I will close where I began. To Canadians watching today, they still own their home and they can still renovate it, and our government is fully committed to protecting their property rights. In indigenous treaty or agreement discussions, private property is not on the table. It is not today and it will not be tomorrow. What we are doing is building a stronger, more honest, more stable foundation for coexistence and prosperity. What is on the table is whether this House chooses clarity over chaos, unity over division and serious governance over fear-based politics.
