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

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“I want the House to vote against this Conservative motion. It asks the government to do things we are already doing to protect private property. We have already appealed the Cowichan court decision, and we agree that landowners should have their say in court. Federal deals with Indigenous groups do not take away private land. Arguing about an active court case in Parliament risks hurting Canada's legal appeal, so we should let the courts do their job.”
  • A repeated line

    “That is why, as far back as 2017, Canada argued that private landowners should be notified of the litigation.”

    Said 4 times by 2 members since May 7.

    Every time it was said
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.

Jamie Schmale, Haliburton—Kawartha Lakes

Conservative
“The minister says I am spreading false information and causing fear. I want her to tell me which part of my speech is not true. Land owners and businesses are losing value on their properties and struggling to get loans because of the government's actions.”
Official Hansard

Mr. Speaker, I appreciate the speech from the minister, but I have some deep concerns with what she was saying. The minister implied that the opposition is fearmongering. I would invite her to speak to the property owners and business owners affected by this, who are watching their properties drop amid the continued questions about whether they are able to refinance their house or business. The minister also spoke about misinformation. I am wondering which part of my speech is misinformation. Was it that in 2018, the government removed arguments for fee simple property within the Cowichan case? Was it that the Province of British Columbia had to step in to backstop business owners and homeowners to be able to secure financing to continue their operations? Was it the proposed developments that were cancelled because of this? Was it where they signed an agreement with Musqueam that did not take fee simple property? Which part is misinformation?

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“The agreement with the Musqueam is just a plan for future talks. The Conservatives want every agreement to protect private property. We only include private property when the agreement is actually about private property.”
Official Hansard

Mr. Speaker, with respect to the last point regarding the Musqueam agreement, it is an incremental rights and recognition agreement. If folks are interested, they can go to the website and there is a description of what an MOU is and what a framework agreement is. We are currently at the framework agreement. Back in 2017, we signed the MOU with Musqueam. It took nine years to come to the framework agreement. It outlines the next steps for discussion. The other two agreements that were signed were about marine stewardship and the fisheries. The motion the Conservatives are proposing says we have not included private property in every agreement. I ask the Conservatives why we would include that in every agreement, including the education agreements, the health agreements and the self-government agreements. When an agreement does not touch on private property, we do not include it, because it does not touch on private property.

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“We need to make this issue clear to the public. The Indigenous affairs committee did not shut down the idea of studying it. Will the minister support sending this matter to a committee so we can discuss it?”
Official Hansard

Mr. Speaker, the minister said that one of our responsibilities is to explain complexity. I would add that another of our responsibilities is to clear up any grey areas surrounding a topic so that the public, Quebeckers and Canadians can clearly understand it. Today, we are debating a Conservative motion. In a few minutes, I will speak to the Bloc Québécois’s position on that motion. Would the minister be willing to have this matter discussed by the Standing Committee on Indigenous and Northern Affairs, for example? By the way, the committee never shut down this idea. A motion was tabled, and I heard someone say a while ago that it had been shut down, but it was never shut down. That means it can be done. In fact, when certain items of business were being granted priority this morning, the Conservatives did not bring this motion forward. I simply want to correct the information provided earlier. I would therefore like to know whether the minister would allow us to find a way to discuss this matter, perhaps in committee, for everyone’s benefit.

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“I want the committee to study how we can better teach Canadians about treaties, residential schools, and Indigenous land rights. There is too much false information and denial about our history.”
Official Hansard

Mr. Speaker, indeed, I think that there is an opportunity here to discuss how we can improve awareness about treaties. There is a lot of disinformation and denialism about history. We would love it if the committee could take this opportunity to look into how we can improve awareness about treaties and residential schools. I think it would be a good exercise. It would also be a good idea to look at how we can address the issue of aboriginal title, since there are numerous examples across Canada. How can we explain this better and educate Canadians on this?

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Spreading false information causes real harm to everyone, including work on reconciliation with Indigenous peoples. I want the minister to talk about the damage false information causes.”
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Official Hansard

Mr. Speaker, I appreciate and value what the minister has put clearly on the record to provide assurances and make sure that there is some reality in the debate we are having today. I share the concern with regard to misinformation because of the damage it causes. I think about issues such as reconciliation and how important it is that we continue to move forward on that. It is important that we continue to work nation-to-nation as we look at ways to see the potential of Canada realized. My concern is that intentionally misleading information causes damage to all of us. Could the minister provide her thoughts on the negative side of misinformation?

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“It is not true that the government is giving away land, and saying that scares investors. Canada is a world leader on reconciliation, but our work is not done. We must keep working on modern treaties and Indigenous land rights while also protecting private property.”
Official Hansard

Mr. Speaker, tied to both of my colleagues’ questions, I think about the opportunity for improved communications, but also the uncertainty and fear that can happen in the investment world when the education is lacking. When there is talk about the federal government giving away all this land, which is inaccurate, that is misinformation and it leads to that uncertainty the member is speaking of. Canada was just at the United Nations indigenous peoples forum. We are a leader that many countries look to with regard to reconciliation. We can continue to shine. Our journey toward reconciliation is not over. It is a long journey, and we need to continue to evolve. Making sure that we continue to advance modern treaties and aboriginal title in a way that protects private property is important work that we need to continue.

Tako Van Popta, Langley Township—Fraser Heights

Conservative
“Conservatives are not spreading false information when we point out government failures. For example, a local project ready to go just fell apart, making life hard for investors. I want the minister to explain this.”
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Official Hansard

Mr. Speaker, the Liberals keep talking about misinformation as though the Conservatives, when we raise issues with or weaknesses in the Liberal Party, are spreading misinformation. All we are doing is shedding light on their incompetence. We have a real-life example in the Montrose application, which the minister has already mentioned. We talked to them. They had a project that was ready to go. It has fallen apart. This is not misinformation. This is the reality on the ground. It is not the Conservatives that are repeating this. These are the facts on the ground that are making life difficult for investors. Can the minister comment on that?

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“Going to court causes uncertainty because cases take a long time and decisions get appealed. We prefer to solve land issues by negotiating agreements, like we did with the Haida Nation. In this case, the legal process is still ongoing, and we will keep Canadians updated while we continue to negotiate.”
Official Hansard

Mr. Speaker, the courts and litigation create uncertainty. This case began in 2014. The ruling ended in 2025. All parties appealed the decision. Montrose has asked for the trial to be reopened. We are awaiting the decision from the judge. Litigation can create uncertainty while we are working through these steps, which is why we prefer to work through negotiations. Agreements like that with Haida, where the federal government, the province and the Haida Nation were able to come together and actually work through how private property and aboriginal title can work together, are a prime example. It is ensuring that Canadians understand the current stage of the legal process, because it is being appealed. There is the opportunity that the trial may be reopened in a limited way. It is important that we continue to tell Canadians the current facts, as well as continue to work through negotiations.

Glen Motz, Medicine Hat—Cardston—Warner

Conservative
“The government blames us for spreading false information, but the cabinet told government lawyers what to do in this case. I want the minister to explain why the government will not admit its own directions failed Canadians.”
Official Hansard

Mr. Speaker, I have sat here and heard for weeks now, since the decision was made, about how the Conservatives are spreading misinformation, yet we know government lawyers do not act on their own. They get direction, and that direction came directly from the cabinet to the government lawyers on principle 14 in this particular decision. Could the minister please clarify for Canadians the misinformation the Liberal Party is now propagating that suggests the misinformation is actually the failure to admit that the direction given to their own lawyers failed Canadians in this particular case?

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal

Linked statement

“The Conservatives need to read the full legal guideline they keep talking about. It says we can only use legal defences that have real evidence behind them. We are in court right now, and we are looking at all valid legal arguments for our appeal.”
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Official Hansard

Mr. Speaker, I want to mention litigation guideline number 14, which the Conservatives have referenced a number of times. I encourage them to read beyond the first sentence and actually read the whole principle. If they get to the second sentence, they will see that all defences are available. However, “defences must not be pleaded simply in the hope that through discoveries or investigation some basis for the defence may be found.” We can only use defences “where there is a principled basis and evidence to support the defence”. We are in active litigation. We are continuing to review all viable legal arguments. However, when the members mention guideline number 14, I really encourage them to read beyond sentence number one and get through the whole principle. I also encourage the Conservatives to read the whole directive, because I think it will enlighten them. Again, we are looking at all viable options in the appeal.

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“The Bloc Québécois supports this motion in principle, but we want to change some of the wording. Recent court rulings on Indigenous land title have caused uncertainty for private landowners. The government must clear this up, but it also must respect Quebec's unique civil law property system. We should study this in the regular Indigenous affairs committee instead of creating a special committee.”
Official Hansard

Mr. Speaker, I am pleased to rise today to speak on behalf of the Bloc Québécois on this opposition day. I would like to begin by explaining the underlying premise of my remarks. I want to talk about this in a reasonable and balanced manner, because I think it is in everyone’s best interest for Quebeckers and Canadians to be informed. I am glad the Conservatives moved this motion, because it gives us a chance to discuss an issue that may affect all Quebeckers and Canadians. It is important. For that reason alone, I can say that the Bloc Québécois supports the motion in principle, and I emphasize the word “principle”. That does not mean we agree with all the wording in the motion, and I will have the opportunity in my speech to talk more about certain aspects. Even though I have 20 minutes to speak, I am afraid that will not be long enough to say everything I want to say. This is a testament to just how rich this subject is, how far-reaching it is, and how it merits further discussion. First of all, the reason we support the motion in principle is that the decision in Cowichan Tribes v. Canada creates real legal uncertainty in Quebec and across Canada. This requires a response from the government, and we cannot simply deny the scope of the decision. It is groundbreaking in the sense of being new, and it creates very real and concrete obligations for both the provincial and federal governments in the reconciliation process with indigenous communities. Of course, as we have been hearing since this morning, this raises fundamental questions about land rights in Canada. When we talk about land and land rights, it naturally affects everyone. The decision in Cowichan Tribes v. Canada has raised uncertainties regarding private property rights that cannot be left unaddressed. We have discussed uncertainty and we have discussed concerns. When I mentioned earlier to the Minister of Crown-Indigenous Relations that we need to clear up grey areas, that is what I meant. That is one way of doing things. There are others that are complementary, but that is one. I would like to mention that property rights are not consistent across the country. The wording of the motion does not take that into account. I will give the example of Quebec, because we have a civil law tradition. We grant a real and absolute private property rights. In contrast, Canada takes a fee simple approach, as we see in the motion. Canada also relies on the many court rulings that have been handed down, including the Cowichan Tribes ruling. Fee simple ownership in Canada has roots in British feudal law and is the most comprehensive form of private property ownership. However, the fact that this case challenges private property rights is a good reason for everyone to consider the consequences. We will not necessarily do that here, according to the wording of the motion, but we also need to take into account the legal idiosyncrasies of each province and Quebec. I will come back to that a little later. Quebec is in a unique legal position because of the Quebec Civil Code, which is, of course, different from the common law system. The ruling is based on section 35 of the Constitution Act, 1982. On the one hand, we have a civil law tradition, but on the other, there is also the Constitution Act, 1982, which recognizes and affirms aboriginal title. I do not know whether I need to remind members of this, but I will do so anyway: Quebec did not sign the 1982 Constitution. When it comes to legal idiosyncrasies and context, I think that we also need to take that into account. I wanted us to consider that as well, and I wanted to remind my colleagues of it. That will have to be taken into account in future broader discussions. While I do not want to speak for the general public, I think that one problem in the British Columbia case, specifically for the Richmond area and the greater Vancouver area, is that the court deliberately refrained from ruling on the question of how ancestral title and fee simple interests will coexist. All issues related to governance, consultation, taxation and the validity of permits therefore remain unresolved. As we have heard, this is a complex issue. If I wanted to really simplify it, I would say that there are two types of rights: aboriginal title and fee simple interests, which establish the ownership of a territory or a piece of land, in the case of individual property. There are distinctions between the two, but we will not go into detail on that. In any case, both involve a property right. They coexist, but it is difficult to uphold absolute rights without any discussion. I think that is what people are afraid of, as they are wondering whether there is a hierarchy of rights. There is no such hierarchy, but people want negotiations. People are concerned because they do not know all the ins and outs of the issue. A clear mechanism needs to be put in place to resolve the issue of the validity of property rights. This is the most pressing issue resulting from this situation, and I believe all my colleagues have mentioned it. Of course, there is also the fact that people in British Columbia are concerned. I have read several articles on the subject and it is clear that the government itself, if not the municipality of Richmond, will provide information to the public and answer questions. It is therefore clear that other levels of government are willing to take charge in order to answer the public’s questions and reassure people. If municipalities and the Government of British Columbia itself are already having to inform the public, this shows just how many questions there are regarding the ruling in Cowichan Tribes v. Canada. Those questions need to be answered, even if, it must be said, our response cannot cover off all scenarios. There has been talk of negotiations, so there will have to be agreements. There needs to be a solution, and we do not have one. I would like to go over what led to the Cowichan Tribes v. Canada ruling. As I said earlier, this groundbreaking decision was a precedent-setting game-changer for both ongoing and future claims to aboriginal title. The doctrine of aboriginal title recognizes that indigenous peoples’ rights to their territory were not extinguished when Europeans arrived. There is a mechanism, there is case law establishing that aboriginal title is grounded in sufficient, continuous and exclusive occupation of the territory. This is what affirms aboriginal title. The B.C. Supreme Court confirmed that the Cowichan have exclusive occupation rights in determining land use. The 863-page judgment was delivered on August 7, 2025, which was less than a year ago. The Supreme Court of British Columbia found that the descendants of first nations demonstrated the existence of aboriginal title. That has already been done. It exists apart from the current provincial land title system. Two property rights, two land entitlements coexist, as I said earlier. The Cowichan Nation sought a declaration of an aboriginal title to their village to recognize an aboriginal right to fish. This is different from aboriginal title; it is aboriginal rights. Of course, some groups and governments, including Canada, British Columbia and the City of Richmond, opposed that request, as did the Vancouver Fraser Port Authority and two first nations, namely, the Tsawwassen First Nation and the Musqueam Indian Band. It took 513 days for the court to deliver a ruling, which was based specifically on the promise made by British Governor Douglas in 1853. The Cowichan proved their title. Once again, the court decided to omit a ruling or direction regarding the coexistence of aboriginal title and fee simple ownership, which calls into question concepts that we have long regarded as immutable in the history of Canadian land rights. That is unsettling. There is a lack of information. There are also concerns because, when we innovate, we are dealing with the unknown. That is what is happening here. I want to come back to fee simple ownership. As I said, the Conservative motion makes no mention of civil law, so I want to talk a little bit about that. I will likely be the only speaker today who talks about Quebec’s specificity. As I was saying, two legal traditions coexist in Canada: common law and civil law. Civil law governs private law relationships, while common law applies to public law. In the rest of Canada, private law and public law are governed by the principles of common law. Property rights fall within this single legal framework, which means that there are significant differences between Canada and Quebec in the way those rights are defined, exercised and protected. Fee simple ownership does not exist in Quebec. Ownership is an absolute right derived from section 947 of the Civil Code. Ownership is a real right exercised over the thing itself, directly and without an intermediary. Section 947 defines it as follows: “Ownership is the right to use, enjoy and dispose of property fully and freely, subject to the limits and conditions for doing so determined by law.” This means that, under Quebec civil law, ownership has other essential characteristics, such as the fact that it is absolute, exclusive and guaranteed in perpetuity. Registering that right in Quebec’s land registry renders the right of ownership enforceable against third parties, meaning that the right is recognized and must be respected by third parties. In Canada, things are different. The concept of fee simple ownership can be traced back directly to British common law. It is the most comprehensive type of ownership recognized by common law and most closely resembles the absolute title concept set out in civil law. The theoretical concept of fee simple, however, is fundamentally different from what we have in Quebec. In theory, under common law, land is held by the Crown, not owned with absolute title, which means that the owner has a real estate right to the land, and fee simple ownership is the most complete type of estate. Despite the appearance of absolute title, the ownership in question remains a tenure, meaning that the Crown, theoretically, retains radical title. Fee simple ownership does not terminate on the holder’s death and can be disposed of or passed on by the owner or tenant. Indigenous reserve lands are held by the Crown in trust for indigenous communities. As a result, members do not have fee simple ownership, but rather a right of possession recognized under the Indian Act. Furthermore, fee simple ownership is enforceable against all persons, including the state. I would like to add a few words about residential property values and project financing, which is something my colleagues are concerned about, especially my official opposition colleagues who moved this motion. I have to admit that the Cowichan Tribes v. Canada ruling and its interpretation by the business and financial communities seem to have already had economic and political repercussions. We can see it. We can read it in the extensive coverage in both French and English media in Quebec and across Canada. However, it is important to keep in mind that there are still no studies or analyses with conclusive and robust data demonstrating a general, measurable effect on home values. I am not saying that such an effect cannot exist or does not exist. I am saying we do not have the data. I was talking earlier about information, and I believe that here we are addressing an issue of interest to all Quebeckers and Canadians. The goal is to determine what the actual impact is, without limiting ourselves to mere interpretation. I am not saying it is just an interpretation, because some of my colleagues have specifically mentioned that there are real, concrete cases. They have met with people, so it exists, but we would also like to have data, because that can obviously inform, support and complement our thinking, as well as our actions, as legislators. Legal experts and economists first point to the reputation and perceived impact of the decision regarding the Cowichan tribes. For market participants, the recognition of ancestral title means new long-term instability and uncertainty regarding the land tenure system in the region in question. There are concerns and legal uncertainty regarding the possibility of future restrictions on land use and development, as well as changes to land-use planning regulations and the governance of that territory. Some pundits have also noted that, even without an obvious drop in prices, uncertainty about the future liquidity of properties and the ease of resale may be enough to influence decisions to buy, sell or invest. The market is heavily influenced by confidence. A legal jolt like this one could be an additional risk factor that might affect property valuations and influence appraisers’ caution, although, as I mentioned earlier, this cannot really be accurately quantified just yet. Moreover, as I believe my colleagues have mentioned, and as was pointed out in several articles I have read, it is not as easy as it once was to get a loan. It is becoming harder. The B.C. government is already trying to address this situation. Let me get back to my point. I tend to ramble when I speak, but I knew where I was going with this. When institutions refuse to acknowledge a direct link to decisions, even reviewing the risk model or requesting more detailed legal opinions can increase the costs associated with due diligence. This can result in financial institutions adopting a more cautious approach to new loans and refinancing, as well as access to credit being tightened temporarily in the sectors most directly affected. I do not have much time left. Although I spoke primarily about Cowichan Tribes, I could have talked about Musqueam as well. I did not talk about the Wolastoqey Nation of New Brunswick either, even though the decision handed down in that case seems like the opposite of the outcome in British Columbia. Once again, this shows the complexity and concerns that can arise from decisions rendered by courts like the Court of King’s Bench of New Brunswick or the Supreme Court of British Columbia in relatively similar, yet not identical, cases. Although I will not go into detail, there are some similarities that make it hard to tell exactly where things are heading, despite the need for certainty. I did not have enough time to discuss the Conservatives’ motion in detail. Evidently, I can say that the Bloc Québécois supports it in principle. We would certainly like to make some changes to it. I can say without hesitation and in good faith that this topic could very easily be discussed by the Standing Committee on Indigenous and Northern Affairs. That is what committees are for. I fail to see the utility of creating a special committee, but I am open to discussing the matter, and then we will see whether we support the motion or not.

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“Private property is the job of provincial governments, not the federal government. Does the member agree that both levels of government need to respect each other's roles?”
Official Hansard

Mr. Speaker, I have a question regarding section 92 of Canada’s Constitution. Private property clearly falls under provincial jurisdiction. In Cowichan, British Columbia is backstopping the properties. My question for the member is as follows: Can she explain how important it is for the provincial and federal governments to respect each other’s jurisdictions?

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“The government must respect Quebec's jurisdiction and its unique legal system. Quebec never signed the Constitution, so we need open and productive dialogue between both sides.”
Official Hansard

Mr. Speaker, I was not expecting to talk about areas of jurisdiction, even though, as a Bloc Québécois member, we often talk about this. Of course it is important to respect jurisdictions. I discussed what makes Quebec unique in terms of civil law and the issue of the signing of the Constitution, which is something that is missing for us in Quebec. I expect everyone to fulfill their responsibility for dialogue in a fully transparent and productive way.

Jamie Schmale, Haliburton—Kawartha Lakes

Conservative
“A recent court case is hurting property values and cancelling big business deals in British Columbia. People in Richmond are losing money on their homes because the government failed to do its job. Also, the Liberals are blocking our committee from debating this issue.”
Official Hansard

Mr. Speaker, I appreciate the speech from my Bloc counterpart. While I do usually get along and agree with a lot of what she has to say, especially in the indigenous and northern affairs committee, I do disagree with some of what she said in her speech, particularly around perception. I want to read to the House a headline from Global News dated December 11, 2025: “Cowichan case blamed for sinking B.C. property deals, including luxury hotel purchase”. That was a few million dollars. The member next to me has another one where a $15‑million hotel project and development was cancelled as well. I have personally met with people in the city of Richmond affected by this decision. They would like to move, for a variety of reasons, like job opportunities, and they have seen their property values go down a lot further than the market has declined in other parts of the province. There are some real impacts because the government did not do its job. Regarding committee, if the member recalls, there was a notice of motion that we have been told has no chance of being debated because the Liberals disagreed with it.

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“We need clear data on the real impacts so we can discuss the issue properly, but we still want to act quickly. We also never refused to study this in committee. I am open to discussing it.”
Official Hansard

Mr. Speaker, there are actually two points in my colleague’s remarks, which I also appreciate. The first concerns the actual impacts. I do not know if my colleague missed the part where I discussed the actual impacts. I said that I had read about the subject in several articles. I said that there were no rigorous and precise studies providing us with conclusive data on the situation. I even said it would be interesting to have such data, because it is of interest to everyone and we want to discuss the issue based on such data. That does not mean we do not want to act quickly. That is one thing. As for the second point, my colleague may not have been paying attention when I specifically mentioned one of his colleagues, who said that we had refused to consider the matter in committee. In fact, it was not put to a vote in committee. I believe it was simply proposed. Today, we held committee proceedings, and the matter was not brought up. Obviously, as I just mentioned, we agree in principle, so I am open to discussing it. It is possible the government said no, but my hon. colleague did not mention a word about it to me.

Mario Beaulieu, La Pointe-de-l'Île

Bloc Québécois
“Can my colleague explain the changes we want to make to this motion, and how the Conservatives plan to set up this committee?”
Official Hansard

Mr. Speaker, I want to commend my colleague on her excellent speech, which shows her in-depth knowledge of the issue. She already talked about the fact that I asked why the motion was not brought up in committee and that I was told that it was defeated. It appears that is not the case. Can my colleague tell us more about the changes we would like to make to the motion and about the way to create the committee that the Conservatives are proposing?

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“We need more time to study this properly instead of rushing it through in a few weeks. I also question why we need a special committee when the regular committee can already do this work.”
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Official Hansard

Mr. Speaker, we want to be responsible, reasonable and rigorous, as I said at the outset. These are the three “Rs”. We find that doing all this work in just a few days or a few weeks is asking the committee, and even the government, to work too quickly. We believe that we need time to understand, consult and reflect. That is one of the things I think we can talk about. The whole issue of the special committee is another thing I mentioned. I think it is fair to ask what it is that a special committee can do that the Standing Committee on Indigenous and Northern Affairs cannot. Of course, we can always talk about that. We have these questions and concerns because we want to be productive and because we do not want to engage in partisan politics.

Rebecca Alty, Minister of Crown-Indigenous Relations

Liberal
“This case is being appealed. Does the member think Parliament trying to influence a trial weakens the independence of our courts?”
Official Hansard

Mr. Speaker, the case is being appealed, so I would like to ask my colleague a question. Does she think that getting Parliament to influence the outcome of a trial could blur the boundary between political debate and judicial independence?

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“Court rulings affect everyone, including First Nations, Quebeckers, and all Canadians. We should be able to debate any topic in the House.”
Official Hansard

Mr. Speaker, that is an excellent question. We certainly do not want to blur the boundaries between the legislative, executive and judicial branches. Nevertheless, I believe these issues are relevant to everyone. That is why I decided to deliver a carefully considered, fact-based speech. Some concerns may be legitimate. The goal is not to interfere in a debate, but these rulings do have an impact on all Quebeckers and Canadians, including members of first nations. I think it is healthy to be able to discuss any subject in the House. Nothing should be off limits.

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