Official Hansard
Mr. Speaker, members can imagine waking up one morning in beautiful British Columbia. The sun is out. The birds are chirping. We can see the mountains, the forest and, if we are lucky, maybe even the ocean from our home. Life on the surface is actually pretty good, but that scenic reality masks a much deeper and darker anxiety. The title to that home, that deed that was signed however long ago, may no longer mean what we thought it meant. The financial investment that we built our entire life around, our home that we spent our entire life savings toward, may no longer belong to us, at least not in the same way we thought it did. I wish I could say this was just some sort of reoccurring bad dream for many B.C. homeowners. However, the truth is that this uncertainty is already their reality today. This past August, the B.C. Supreme Court issued a landmark ruling that has since reverberated across the province and, in time, will undoubtedly reverberate across the entire country. The ruling recognizes aboriginal title over 800 acres of riverfront property in Richmond, B.C., including over the personal homes of individual citizens, declaring fee simple title invalid and ruling aboriginal title as prior and senior title to the land. What does all this mean? No one really knows, which is a big part of the problem. However, the ruling, which is now known as the Cowichan decision, has shaken B.C. politics to its core. Because around 95% of B.C. was settled without formal treaties, the consequences of this decision are not limited to 800 acres in Richmond, but potentially impact nearly the entire province itself. While the decision is, of course, being appealed, and while the result of that appeal remains unclear, the consequences of the ruling are already being felt today. Homeowners are now being taxed on property the legal status of which is uncertain. Some are having difficulty selling their home, while businesses and industry groups have pulled billions of dollars of investment out of British Columbia as one of the key guardrails of the rule of law begins to break down. When a citizen pays their taxes, follows the law, maintains their property and still cannot be certain that they own their own home, something has gone profoundly wrong. Private property rights are not a luxury, not an appendage to our system of government, not some kind of optional add-on to our society, to our democracy. They are quite literally the foundation on which western civilization, capitalism and our economy are built. They form the basis for our savings, our security, our independence and our autonomy as a human being. Without them, we own nothing. We are a slave to our government or whatever other powers there may be. To have them infringed upon so suddenly, so brazenly, so harshly without compensation flies in the face of everything that it means to be Canadian. It also wakes up a very important fact, which is that Canada is one of the few democracies in the world today without property rights enshrined in our Constitution. That was left out of the Canadian Charter of Rights and Freedoms in 1982 by our old prime minister, Pierre Elliott Trudeau, and decades later, we are now living with the consequences. As a member of Parliament for a riding in British Columbia that itself comprises entire communities with homeowners facing similar legal uncertainty, it is my duty to speak out for my constituents and articulate my position and my views on this issue. For me, the defence of private property is and always will be a red line. It is not and should never be up for negotiation. It is in every way a fundamental human right, and we must never submit to trade it away to simply appease or placate the latest ideological fad or in the name of political convenience. Every citizen must know that their government will do whatever it takes to ensure that Canadians can trust that what they own is truly theirs without exception. Unfortunately, that is the exact opposite of what the Liberal government in Ottawa and the NDP government in B.C. have actually done. First, in 2018, the Liberal government instructed its lawyers, Crown counsel, to abandon their own citizens, ordering them to discard the long-held legal argument that the granting of fee simple private property took precedence over or extinguished any aboriginal title claim. That directive remains Liberal party policy to this day. Second, after the bombshell Cowichan ruling, the Liberals should have immediately halted any further agreements or treaty negotiations with first nations unless explicit protections for private property were included. Instead, again, they did the exact opposite, pushing ahead with the controversial Musqueam agreement, which essentially recognized aboriginal title over much of metro Vancouver and nearly one million Canadian homes with zero explicit protections for private property. It should be noted that a member of Parliament from within the Liberal caucus called for, in his words, the return of unceded land. Then the Liberals went ahead and negotiated three new, unprecedented quasi treaties, otherwise referred to as living agreements, all of which involved huge transfers of land, money and resources to individual first nations, again with no explicit protections for private property included. When the Liberals and the NDP are pressed on their contradicting claims that they too support the private property rights of Canadians and will defend them at all costs, their rhetorical defence is that they claim they are appealing the Cowichan decision and hope that they will win. Hope is not a strategy and prayers are not a plan. The uncertainty created by their actions is already having real-world effects today. The Liberal government must act to restore certainty to homeowners now. It must act to restore confidence to businesses and industry and reverse the billions of dollars in investment that is fleeing British Columbia. Just as importantly, the government must act to prevent the further fraying of the social fabric between indigenous and non-indigenous Canadians that its policies have caused. Before writing this speech, I actually looked up a dictionary definition of “reconciliation”, and it is the act of causing two people or two groups of people to become friendly again after a falling out, an argument or a disagreement. In other words, it is about bridging divides and moving forward together. This is precisely the opposite of what the Liberal Party and the NDP have managed to accomplish over the last 10 years. It is exactly the opposite, as they are driving a wedge between indigenous and non-indigenous Canadians, playing identity politics and prioritizing virtue signalling and rhetoric over tangible, real-world results. I see that, instead of creating a framework that would bring Canadians together as one, they created an agenda that has driven them further apart. It is breeding resentment and frustration between communities instead of bridging divides and moving together as one country, Canada. The vision behind our nation, from the very beginning, has always been one of working together toward a common goal and of achieving together what we could not accomplish on our own. We need to once again harness that vision to bring back and realize that mythology of Canada. That includes, as an essential component, the mutually beneficial partnership between indigenous and non-indigenous Canadians, from the fur trade to the War of 1812, but for that partnership to truly flourish, private property rights must remain sacrosanct. There must be no equivocation on the part of the government. It must never allow fee simple title and the rights of private property owners to be abridged or up for debate. In each new agreement with first nations, these rights must be enshrined. In each and every court defence, the case to defend these rights must be made, and if absolutely necessary, if the courts continue to interpret legislation or the Constitution in ways that undermine Canada’s sovereignty, our economic viability or the rights of individual citizens, then whatever changes that are needed in that legislation, or even the Constitution, however difficult, must be done.
