Business of Supply

A Conservative supply day motion about private property rights following the Cowichan Tribes v. Canada court decision in British Columbia. The motion asks the government to defend private property rights in court, ensure future agreements with First Nations explicitly protect fee simple property owners, and create a special committee to study the issue. Conservatives argued the ruling and recent agreements have created uncertainty about home ownership, citing impacts on property values, mortgages, and municipal leaders’ concerns in B.C., and said the government waited until late to appeal the ruling. Liberals opposed the motion, saying private property is protected, that agreements covering areas like health, education, and policing do not affect private land, and that the motion risks spreading misinformation and harming reconciliation; they also said Parliament should not interfere with an active court case. The Bloc Québécois said it was open to committee study but wanted reliable data on the actual impacts.Written by AI from the debate. Updated .

Official text (opens in a new tab)

116 statements

Tako Van Popta, Langley Township—Fraser Heights

Conservative
“I want the member to answer my question. Can absolute land ownership and Indigenous land rights exist on the same piece of land at the same time, or do they conflict?”
  • Question or comment in debate

    Signal 37 of 100

    Much of this statement went to praise, blame, greetings, routine procedure or general stories rather than reasons, requests or specific points.

    See full analysis
Official Hansard

Mr. Speaker, I would like to thank my colleague from Quebec for her enlightening speech and for explaining the difference between “fee simple”, coming from British feudal law, and “absolute title”, coming from civil law. That was very enlightening. However, the same question still applies. Does the member think that absolute title and aboriginal title can coexist on the same piece of land at the same time, or is that an irreconcilable conflict?

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“We still do not know how Indigenous rights and other laws can work together. Court rulings in different provinces say different things. We need this motion because we have a lot of unanswered questions about how to solve this.”
Official Hansard

Mr. Speaker, I am not going to go beyond what the courts have said. However, as I have mentioned on several occasions, this is exactly the question we are asking ourselves: How can they coexist? On the one hand, when reading between the lines in the New Brunswick judgment, it appears that they cannot coexist, whereas in British Columbia, with the Cowichan Tribes, for example, it appears that they can coexist. However, we do not know how this could be achieved. We have concerns. There could be negotiations, agreements. Will it be on a case-by-case basis? Obviously, there is still a lot of uncertainty, and I cannot speak on legal matters, but I can point out that we are asking these questions responsibly. How can they coexist? How will we find solutions? Will it be through negotiated agreements? Obviously, there are plenty of questions, so the motion is relevant.

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“I want the member to explain why clear legal rules matter here, and whether this motion actually provides them.”
Official Hansard

Mr. Speaker, could the member tell us about the importance of clarity and legal certainty in this case and could she speak to whether this motion actually helps to provide such guarantees?

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“I agree with the main idea of this motion, but I do not agree with how it is written.”
  • Reply to a debate question

    Relevance 100 of 100

    Of this reply, 100% addressed the question or point raised.

    See full analysis
Official Hansard

Mr. Speaker, I will repeat myself for what is perhaps the third time, but I am trying to be thorough and the Bloc Québécois is, too. I said that I was in favour of the principle of the motion, but not the wording of the motion. I think that gives my colleague an answer.

Mel Arnold, Kamloops—Shuswap—Central Rockies

Conservative
“Recent court decisions and government deals with First Nations have made people worried about losing their private property. The government must protect private land ownership in court and put written protections for private property into every new deal.”
  • Speech on a motion

    Respect 95 of 100

    This statement targeted a person rather than their actions or views: “either the Prime Minister has no idea what is in these agreements or he has been misleading Canadians”.

    See full analysis
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.

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“This motion asks the government to protect private property in all future deals with First Nations. But we make deals about things like schools, health care, and police, which have nothing to do with private property. Why are the Conservatives only asking for this in deals with First Nations, and not in deals with provinces?”
Official Hansard

Mr. Speaker, one part of the motion, part (c), calls on the government “to make no agreement without explicit property protection so that fee simple property rights are enshrined in all future agreements with First Nations”. However, agreements relate to education, health and policing. We do not reference private property there. Are the Conservatives proposing that we include the health transfer for the Government of British Columbia or any type of provincial government? Why is it limited to first nations?

Mel Arnold, Kamloops—Shuswap—Central Rockies

Conservative
“The Prime Minister said all federal agreements with First Nations protect private property rights. I checked them, and they do not mention private property at all. Did the Prime Minister mislead the House, or did he not know the facts?”
Official Hansard

Mr. Speaker, I want to again quote what the Prime Minister stated earlier this week in the House: “All federal agreements with first nations, with indigenous peoples and with rights holders protect private property rights and protect indigenous peoples’ rights.” I checked those agreements this morning. As I stated, the Musqueam agreement does not mention the term “private property”. None of those agreements mention private property. Was the Prime Minister misleading the House, or was he ill-informed?

Mario Beaulieu, La Pointe-de-l'Île

Bloc Québécois
“I want to know if the Conservatives would agree to study this issue in the regular committee instead of setting up a special committee.”
Official Hansard

Mr. Speaker, earlier, I asked why we are not debating this issue at the Standing Committee on Indigenous and Northern Affairs. I was told that it got shut down. My Bloc colleague who serves on the committee told me that, to her knowledge, this was not true and that the motion for a study had simply been moved. The committee met this morning and the motion was not brought forward again. If the government agreed to study this issue in committee, would the Conservatives also agree to do that, rather than appointing a special committee?

Mel Arnold, Kamloops—Shuswap—Central Rockies

Conservative
“I do not think the Indigenous affairs committee will look into this. The Liberals use their majority on committees to shut down questions and hide the truth.”
  • Reply to a debate question

    Relevance 100 of 100

    Of this reply, 100% addressed the question or point raised.

    See full analysis
Official Hansard

Mr. Speaker, I appreciate the question from the Bloc member about whether this could be studied at the indigenous affairs committee. With the regime that the current power-brokered Liberal government has now installed at committees with its majority, it is shuttering committees. Any question as to the government’s integrity is shut down, turned in camera and voted against by the majority Liberal membership on these committees. I do not trust the Liberal government to allow any of this discussion to take place at committee.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“Can my colleague explain the dangers of making secret deals instead of using an open, legal treaty process?”
Official Hansard

Mr Speaker, I appreciate my colleague’s excellent intervention. You mentioned secret agreements. Could you tell me the risks and explore some of the risks of secret agreements done behind closed doors and their effect on transparency, as opposed to a treaty process that is established through the courts and that is open and transparent?

Mel Arnold, Kamloops—Shuswap—Central Rockies

Conservative
“We do not know the risks of these agreements because the government keeps them secret. The Liberals changed the fisheries law to hide these deals from the public.”
  • Reply to a debate question

    Relevance 100 of 100

    Of this reply, 100% addressed the question or point raised.

    See full analysis
Official Hansard

Mr. Speaker, the member for Cowichan—Malahat—Langford was referring to the risks of secret agreements and asking whether I could expand on those risks. Well, because those agreements are secret, we have not seen them. We do not know what the risks are in these secret agreements. I have been privy to this through my work, for over 10 years, on the fisheries committee, where agreements are signed with organizations around the country, secret agreements. Due to the rules put in place by the Liberal government in the previous changes to the Fisheries Act, the information in those agreements cannot be made public. It is hidden behind closed doors, so the risks are absolutely unknown.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“A recent court ruling on Indigenous land rights in British Columbia has put private property rights at risk. People in my riding are worried about losing their homes, and the local economy is hurting. I want the Prime Minister to act now to protect private property owners, release a plan within 30 days, and create a committee to study this issue.”
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.

Anthony Housefather, Parliamentary Secretary to the Minister of Emergency Management and Community Resilience

Liberal
“The government is already in court defending private property rights with expert lawyers. Does the member really think a committee of politicians can make better legal arguments than those experts?”
Official Hansard

Mr. Speaker, the Prime Minister spoke very clearly in this House, making it very clear that the government was going to defend private property rights and that the government immediately appealed the decision. My question is for the hon. member whose speech I just listened to. I felt there were multiple times when it sank into disinformation. Does the hon. member believe a parliamentary committee would develop arguments for the court that are better than those of the expert constitutional lawyers who are currently arguing on behalf of the Government of Canada and being instructed to use every type of argument available to defend property rights?

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“The Prime Minister is not telling the truth. He restricted his own lawyers and waited until the last possible minute to file with the Supreme Court. We want the government to be honest.”
  • Reply to a debate question

    Relevance 47 of 100

    None of this reply addressed the specific point raised or the topic under debate.

    See full analysis
Official Hansard

Mr. Speaker, speaking of disinformation, the member opposite claims that the Prime Minister has defended this, but he continually fails to disclose that he has already tied the hands of the government lawyers with the extinguishment article. He speaks of it being filed immediately when, in fact, the Supreme Court filing was done on the last day, at the very last minute. That is more misinformation. Conservatives are calling for real truth, real reconciliation and real honesty.

Bob Zimmer, Prince George—Peace River—Northern Rockies

Conservative
“A bank denied a loan for a 100-million-dollar project because of a court ruling on Indigenous land rights. The government says this is not a big deal, but it is. I want the member from Vancouver Island to tell us what people in his community are actually worried about.”
Official Hansard

Mr. Speaker, a headline from Business in Vancouver reads, “Councillor says $100M project denied loan over Cowichan case, bank says not a factor”. The article goes on to say, “A Richmond, B.C., councillor says a company based in the city has been refused financing for what she says is a $100 million project because of uncertainty over their site due to the Cowichan Tribes aboriginal title ruling.” We are hearing conflicting things. We hear the government say it is no big deal here and other people are saying it is no big deal there, but that is what is happening and that is the reality on the ground. Despite the empty words from the Prime Minister and the minister, to the member from Vancouver Island, what are the genuine fears you are hearing about from members in your own community on the ground?

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“People in my riding and across British Columbia worry about their property values and getting mortgages because of Indigenous land claims. The province had to back some mortgages, and property assessments now include warnings. These worries are causing more racism, anger, and hard economic times.”
  • Reply to a debate question

    Relevance 94 of 100

    Of this reply, 92% addressed the question or point raised.

    See full analysis
Official Hansard

Mr. Speaker, I really agree with my colleague’s statement about empty promises and empty words. People are worried about the value of their property. They are worried about getting mortgages. In fact, it is so bad that the provincial NDP government is now having to back mortgages in affected areas, and it can do that only for a small area. It is going to need to do that for the entire province. People are worried. Property assessments are now coming with waivers saying the property value only stands as long as it is not superceded by aboriginal title. People in my riding of Cowichan—Malahat—Langford are facing real concerns, and they are facing increasing racism and anger. This comes on top of tough economic times as well. There are very valid reasons for concern, and we are seeing it across Vancouver Island and British Columbia.

Taleeb Noormohamed, Parliamentary Secretary to the Minister of Artificial Intelligence and Digital Innovation

Liberal
“The agreements with the Musqueam are public online, not secret. I want to know if the member's party will condemn an MP who said Indigenous people asked for residential schools and that no genocide happened.”
Official Hansard

Mr. Speaker, I noted that in the member opposite’s comments, he expressed that somehow these Musqueam agreements were secret. If he would like, I am more than happy to share with him the links online, where they are available to the public. He also spoke about the need for true reconciliation, which he alleges his party believes in. Does that strategy of true reconciliation include condemning the comments of the member for North Island—Powell River, who said indigenous people “asked for” residential schools and there was no indigenous genocide?

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“The government made the Musqueam deal in secret. Even the Premier of British Columbia did not know about it until it was signed. That is not transparent, and the government is failing Canada.”
  • Reply to a debate question

    Relevance 47 of 100

    None of this reply addressed the specific point raised or the topic under debate.

    See full analysis
Official Hansard

Mr. Speaker, in my comments, I said “secretly negotiated”. The Musqueam agreement was negotiated behind closed doors. Even the Premier of British Columbia claimed he did not know about it until the actual signing. That is secrecy, not transparency, and it is how the government is failing our country. As far as the comments are concerned, I have not heard those comments and I am not in a position to comment on them.

Taleeb Noormohamed, Parliamentary Secretary to the Minister of Artificial Intelligence and Digital Innovation

Liberal
“A recent court decision about Indigenous land in British Columbia has made many homeowners and businesses worry about their property. We disagree with that ruling, and we are appealing it. We can respect Indigenous rights while still protecting private property. The Conservatives are spreading fear about this for political gain, and that uncertainty is hurting our economy.”
Official Hansard

Mr. Speaker, I will be sharing my time with the member for South Surrey—White Rock. I rise this afternoon to speak about a court decision that has caused real worry in my province and to speak directly to the Canadians, particularly British Columbians, who have been watching this debate and wondering what it means for them and for their homes. Let us begin with the facts, because the facts have been in short supply in the debate by members opposite. The fact is that the government has fundamentally disagreed with, and continues to disagree with, the British Columbia Supreme Court’s decision in Cowichan. The fact is that we appealed that decision on September 8 of last year. The fact is that the Prime Minister of Canada has stood in this House and stated clearly to all who would listen that private property rights are fundamental, that this government will protect them and that federal agreements, including agreements about aboriginal title, have always protected and will always protect private property. These are the facts. They are on the record. They are not in dispute, except by those who find facts inconvenient to the story that they would prefer to tell, a story that leads to mistrust, anti-indigenous racism and, perhaps most importantly, instability in British Columbia’s economy. I want to speak directly to the homeowner in Richmond who read a headline and felt their stomach drop. I want to speak to the family in my riding of Vancouver Granville who have spent 20 years paying down a mortgage and are now wondering whether the ground beneath their home is as solid as they believed it to be. I want to speak to the small business owner who has been asking their bank for financing and getting questions they have never been asked before. These concerns are legitimate. A home is the largest investment most Canadians will ever make. When a court raises questions about the relationship between aboriginal title and fee simple ownership, people are right to ask for clarity. They deserve a serious answer, not a slogan or a sound bite, so allow me, if you would, Mr. Chair, to give them one. Three principles guide this government’s response to the Cowichan decision. First, we believe in the security of private property. Canadians who hold title to their homes and their land must be able to rely on that title. This should not be a partisan position. It is the foundation on which families plan their future, on which businesses make investments and on which our economy functions. Second, we believe in the principles of reconciliation. Reconciliation is not a slogan, and it is not an obstacle to be managed. It is a constitutional and moral obligation that this country has been working through for generations, and we continue that work patiently, lawfully and in good faith. Third, we believe in building shared prosperity for homeowners, for workers, for businesses and for indigenous communities who have for too long been excluded from the economic life of this country. These are not competing goods. They are connected goods. I want to be honest with the House and with the Canadians watching. The legal questions raised in the Cowichan decision are genuinely complex, and the clarity that Canadians deserve is going to come from where it should come from in our system: from the courts on appeal, with all viable arguments tested and all parties heard. That process is under way. It will take time, and none of us should stand in this place and pretend otherwise, because Canadians deserve, as I said before, a serious answer, not a slogan. They deserve facts, not fearmongering. The Conservative motion before the House asks Canadians to choose between the first principle and the second. It asks them to believe that property rights and reconciliation cannot exist in harmony. This is false and has always been false, and the people advancing that false choice know it is false. Let me say something very clearly. The legal questions we are working through in Cowichan are not questions that indigenous peoples created. They are the product of decisions made by the Crown over generations in a province where most of the land was never covered by treaty. The Crown made those decisions, the Crown bears responsibility to resolve them, and no responsible government should allow any ordinary homeowner to be made afraid, or indigenous peoples to be scapegoated, while that work is carried out. Here is what is being missed in the noise: Almost every party to this litigation has gone to the Court of Appeal. The Government of Canada is appealing. The Province of British Columbia is appealing. The City of Richmond is appealing. Musqueam is appealing. Chief Wayne Sparrow has spoken publicly about Musqueam’s deep concern with the decision that declared aboriginal title in what they assert is their own traditional territory. Tsawwassen First Nation is appealing alongside Musqueam on similar grounds. The Cowichan themselves are appealing on different grounds. This is not the picture of settled judgment. This is the picture of a decision that has satisfied almost no one, that produced a clarity that almost no one was looking for and that is now being worked through by our courts exactly as our system is designed to handle it. This is also not the story of homeowners on one side and indigenous peoples on the other. It is the story of a serious country with a serious legal system doing serious work. This includes first nations that are using that very system to seek the clarity that each and every one of us needs and deserves. It is the story that members opposite are refusing to tell because it does not serve a political agenda. The cost of that political agenda and of this misinformation is real and is being paid right now in my home province of British Columbia. Just yesterday, the Business Council of British Columbia released a survey of its members. About 74% of respondents are decreasing investment plans in B.C., one in three are reducing hiring, 41% report harder access to external financing, and 80% of those same business leaders say they continue to support reconciliation as an important goal. Why are they reducing those investments? They are reducing those investments because of misinformation and uncertainty that is being spurred on by people who would like to use the Cowichan decision as a political cudgel. In this House, in this Parliament, we must ensure that does not continue, for the security of the economy in British Columbia and for preservation of the principle of true reconciliation. The people who are supporting reconciliation are very clear. This is a business community that is pro-reconciliation and is exhausted by uncertainty. They are not asking us to choose. They are asking us to lead. The damage is not abstract. Homes are not being built. Jobs are not being created. There are workers waiting for projects that have been paused while financing is renegotiated. There are businesses across B.C. that are delaying decisions; holding back on investment; watching the noise around this case created by politicians, not by the courts; and concluding that the cost of moving forward is too uncertain to bear. That is what irresponsibility looks like in practice, and it is being done deliberately for the political gain of the party opposite. The seriousness of this moment is not lost on the political leadership of British Columbia. The Premier of B.C. has spoken at length about the impact of legal uncertainty on his province. Mayors have spoken. The City of Richmond is in court. There is broad cross-partisan recognition in B.C., not from one party and not from one ideology but from across the political spectrum of my province, that resolving this matters and that the work cannot wait. The only people who seem to disagree are the Conservative members opposite, who have decided that uncertainty and a parliamentary committee are more useful to them than actual resolution of the problem. The Conservatives know exactly what they are doing. They know that the Cowichan decision is under appeal. They know that the Government of Canada, the Province of B.C., the City of Richmond, Musqueam and Tsawwassen First Nation have all gone to the Court of Appeal precisely because the legal questions need to be resolved. They know that the Prime Minister has committed, clearly and repeatedly, that this government will defend private property rights. They know the historical record across this country is that modern treaties and negotiated agreements have always protected private property. Not one Canadian has lost their private property as a result of a negotiated agreement. They know this, and they are choosing every day to tell their constituents the opposite because fear is more politically useful than the truth. It is not leadership but a calculation, and the people paying for that calculation are the homeowners they claim to defend. I want to close with a story about what is possible when we get this right. This Friday in my riding of Vancouver Granville, I will be at the blessing ceremony of the opening of Sen̓áḵw. Sen̓áḵw sits in Squamish territory at the foot of the Burrard bridge, where it has always been, in the land, in the stories and in the people. What is new is what is being built there: 6,000 rental homes in a city that is desperately in need of them. This is true reconciliation, where rents to 30% below market are being provided by the Squamish Nation in partnership with the Government of Canada. The Squamish Nation is moving toward economic independence and helping Vancouver provide the housing it needs. Property rights will be respected, indigenous rights will be honoured, homes will be built, and jobs will be created. For the Squamish Nation, there will be prosperity, and for the city that I represent, 6,000 families will be able to call Sen̓áḵw home. That is reconciliation, that is prosperity, and that is what is possible when we refuse the false choice being put upon us by the opposition. That is happening in real time in my riding. To the homeowners in my riding and across B.C. who have been worried, the government has appealed the Cowichan decision. We are advancing every legally viable argument to defend the security of fee simple. We have been clear, from the Prime Minister on down, that protecting private property is fundamental to who we are as a country, and we will always stand for that.

Glen Motz, Medicine Hat—Cardston—Warner

Conservative

Linked statement

“This decision hurts home values in the area. I want the member across the way to tell us how it affects his house-flipping business.”
Official Hansard

Mr. Speaker, despite the Liberal rhetoric, we know that the property values in the area impacted by this decision are having a significant impact on the homeowners. I am curious. Can our friend across the way answer how this decision is impacting his house-flipping business?

Discussion

No comments yet

See the full discussion

Comment rules

More from sitting 119

  1. Government Orders Business of Supply 116 statements
  2. Oral Questions The Economy 4 statements
  3. Oral Questions Natural Resources 4 statements
  4. Oral Questions Climate Change 6 statements
  5. Oral Questions Youth 14 statements
  6. Oral Questions The Economy 4 statements
  7. Oral Questions Youth 4 statements
  8. Oral Questions Veterans Affairs 2 statements
  9. Oral Questions International Trade 2 statements
  10. Oral Questions Health 4 statements
  11. Oral Questions Climate Change 4 statements
  12. Oral Questions International Trade 2 statements
  13. Oral Questions Indigenous Affairs 6 statements
  14. Oral Questions Youth 2 statements
  15. Oral Questions Foreign Affairs 2 statements
  16. Oral Questions Air Transportation 2 statements
  17. Oral Questions Climate Change 2 statements
  18. Oral Questions Aerospace Industry 4 statements
  19. Oral Questions Business of the House 2 statements
  20. Government Orders Business of Supply 69 statements
  21. Private Members' Business Financial Administration Act 11 statements
  22. Oral Questions Finance 4 statements
  23. Oral Questions National Defence 11 statements
  24. Adjournment Proceedings Adjournment Proceedings 4 statements
  25. Adjournment Proceedings Adjournment Proceedings 4 statements
  26. Adjournment Proceedings Adjournment Proceedings 4 statements