(i) the Cowichan Tribes v Canada decision created massive uncertainty around fee simple property, the legal basis on which Canadians and businesses alike own their homes and land,
(ii) this decision is already having significant impact on home values and the financing of projects,
(iii) the subsequent Musqueam Rights Recognition Agreement has deepened uncertainty and failed to say anything definitive about fee simple property, deepening uncertainty and creating a dangerous precedent with potentially serious consequences,
(iv) the government implemented the Directive on Civil Litigation Involving Indigenous Peoples, that includes Litigation Guideline #14, which discourages government lawyers from using all available arguments to defend private property rights,
(a) call on the government to put private property first in the Cowichan case, arguing that it has priority over all other title;
(b) call on the government to replace Litigation Guideline #14 from the Attorney General of Canada's Directive on Civil Litigation Involving Indigenous Peoples that prevented the federal government from defending property rights in the Cowichan case, with a guideline that requires the federal government to aggressively defend property rights in all litigation;
(c) call 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;
(d) call on the government to publish a plan within 30 days to protect property rights for Canadians affected by the Cowichan decision and Musqueam agreement - from the Prime Minister and with specific commitments and timelines; and
(e) appoint a special committee with the mandate to study all legal, constitutional and political steps that can be taken to protect private property rights in Canada, provided that,
(A) the committee be composed of 10 members, of which five shall be from the government party, four shall be from the official opposition and one shall be from the Bloc Québécois,
(B) the whips of the recognized parties shall deposit with the Clerk of the House the list of their members to serve on the committee within three sitting days after the adoption of this motion,
(C) changes to the membership of the committee shall be effective immediately after notification by the whip has been filed with the Clerk of the House,
(D) membership substitutions be permitted, if required, in the manner provided for in Standing Order 114(2),
(E) the Clerk of the House shall convene an organizational meeting within five sitting days of the appointment of the committee's membership,
(F) notwithstanding Standing Order 106(2), the chair of the committee shall be a member of the official opposition, the first vice-chair shall be a member of the government party and the second vice-chair shall be a member of the Bloc Québécois,
(G) the quorum of the committee be as provided for in Standing Order 118 and that the Chair be authorized to hold meetings to receive evidence and to have that evidence printed when at least four members are present, including one member of an opposition party and one member from the government party,
(H) the committee have all of the powers of a standing committee, as well as the power (i) to travel, accompanied by the necessary staff, within Canada, (ii) to authorize video and audio broadcasting of any or all of its proceedings,
(I) the provisions of Standing Order 106(4) shall also extend to the committee,
(J) the committee shall have the first priority for the use of House resources for committee meetings,
(K) it be an instruction to the committee that it hold at least 12 meetings and present an interim report before June 19, 2026.
He said: Mr. Speaker, I rise today to address a matter that strikes at the very foundation of security, stability and confidence in this country: the protection of private property rights in Canada following the decision in Cowichan Tribes v. Canada.
For generations, Canadians have believed that when they purchase a home, pay their mortgage, raise their children, build a business or farm a piece of land, that property belongs to them. That belief is not merely emotional. It is foundational to our economy, our financial system and the trust Canadians place in the rule of law. Today, unfortunately, that certainty has been shaken.
Canadians already face enough pressure from rising costs, inflation, unaffordable housing and economic uncertainty without having to wonder whether their home is truly theirs, yet that is precisely the uncertainty that is now spreading across British Columbia and beyond. The Cowichan ruling has raised profound questions about whether fee simple property ownership, the legal basis upon which millions of Canadians own their homes and businesses, remains secure in the way Canadians have always understood it. Instead of providing clarity, the Liberal government has deepened that confusion. Instead of defending homeowners, it withdrew legal arguments that protected fee simple ownership. Instead of reassuring Canadians, it negotiated agreements behind closed doors. Instead of transparency, Canadians received uncertainty.
Conservatives believe reconciliation and private property rights can and must coexist. These are not mutually exclusive principles. We respect indigenous rights, we respect the Constitution, and we recognize the importance of meaningful reconciliation and the need to address historic injustices. Indigenous peoples, I think we can all agree, deserve respect, recognition and fairness. Their histories, cultures and constitutional rights are an essential part of our country. Treaty obligations matter, and section 35 rights matter.
However, reconciliation cannot come at the cost of destabilizing the homes, farms, businesses and life savings of ordinary Canadians. It cannot proceed through secrecy and without transparency. It cannot proceed while governments refuse to defend the certainty upon which Canada's entire land title system depends. That is why Conservatives have called on the government to immediately change course. As the stated in April, the government must provide certainty, defend private property in court and make clear that Canadians' homes and land titles will be protected.
Before I continue, I will mention that I am splitting my time with the member for , a remarkable member of Parliament. I am looking forward to hearing his words.
As I was saying, the government must explicitly defend private property rights in the Cowichan decision. The federal government must, going forward, argue before any court, when discussing a new agreement or treaty, that fee simple landownership supersedes all other titles. The Liberals should not have directed federal lawyers away from advancing the extinguishment argument that had previously been part of the Crown's legal position, and they must ensure that this defence is advanced in all future legal cases involving aboriginal title. They must stop pretending that this uncertainty does not exist.
This is not theoretical. The consequences are already real. According to reports, appraisers in British Columbia warned that uncertainty surrounding property rights could reduce property values dramatically in affected areas. Financing for major development projects has already reportedly been denied because lenders no longer have confidence in the certainty of title. The federal Liberals are doing nothing to support those affected by this decision. They actually waited for the province to intervene. They are not backstopping those landowners, business owners or families caught up in this legal quagmire. This means fewer homes are being built in a housing shortage, fewer jobs are being created while the economy struggles, and there is less investment and greater instability in an already fragile housing market.
Families in Richmond and beyond, all over British Columbia, are seeing their property values drop far deeper than many markets are already showing. Farmers are asking whether their land is still protected. Business owners are asking whether they can still use their property as collateral to obtain financing. Municipalities are questioning the reliability of zoning and planning authority.
This is not merely a regional concern. As I mentioned just a few moments ago, it is a national issue. That is why on November 20 of last year, I formally requested an emergency debate in Parliament under Standing Order 52 following the Cowichan decision. In that request, Conservatives warned that the ruling risked undermining the indefeasibility protections that underpin Canada's entire land title system. We warned that uncertainty regarding fee simple ownership could affect mortgages, insurance, development, municipal governance and economic confidence across the country. We also warned that Canadians felt blindsided because governments had failed to consult or inform the very people whose homes and businesses could be affected.
As my letter stated at the time, ordinary Canadians bought their homes in good faith. They trusted their government to be transparent and honest with them. Instead, they discovered, through news reports actually, that the legal certainty of their property rights could now be questioned.
Conservatives called for that emergency debate so Parliament could address those fears openly and transparently. Unfortunately, the Liberals refused, and Canadians are now left to wonder whether that refusal had less to do with reassurance and more to do with the fact that government was simultaneously negotiating other major rights recognition agreements behind closed doors.
The secrecy surrounding Cowichan did not end in the courtroom. It actually continued with the Musqueam Rights Recognition Agreement. That agreement, signed in February, recognized Musqueam aboriginal rights and title across asserted territory spanning much of metro Vancouver, including Vancouver itself, Richmond, Burnaby, West Vancouver and Delta. Despite the enormous implications of such recognition in one of Canada's most densely populated urban regions, the agreement failed to explicitly protect fee simple property ownership. That silence matters. The government and Musqueam leadership later stated publicly that private property would not be affected, but the agreement itself does not clearly indicate that same comment.
When dealing with constitutional rights, property ownership and land governance affecting millions of Canadians, that confusion is not enough. That confusion has deepened uncertainty. It has created fear among homeowners and has raised serious concerns among neighbouring first nations with overlapping territorial claims. The Squamish Nation publicly stated that it had not been adequately consulted and warned the agreement could affect the lands it also claims. Again, there was secrecy, insufficient consultation and more uncertainty.
British Columbians were stunned to hear Premier David Eby declare that private property will never be part of provincial negotiations. We should think about what that means for homeowners listening at home. If private property is not central to negotiations involving title and jurisdiction in urban regions, then who exactly is standing up for the millions of Canadians whose life savings are tied to their homes? Who is defending the integrity of Canada's mortgage system? Who is defending the certainty required for investment and economic growth?
Conservatives are, and we are calling on the Liberal government to act immediately. We are demanding that the government put private property first in the Cowichan appeal by arguing clearly and unequivocally that fee simple property ownership has priority over pending claims. We are also demanding that no future agreement be signed without explicit protections for existing homeowners and property owners: no more confusion, no more silence, no more secretive agreements, no need to leave Canadians wondering if their home is secure.
Liberals keep pretending that Canadians should simply trust them, but trust requires transparency. Transparency is what builds that trust. Trust requires governments willing to defend the very people they represent. Unfortunately, the government continues to create uncertainty, and it is growing across this country. It does not need to be this way.
I look forward to the questions ahead.
:
Mr. Speaker, I am speaking to the Conservative motion that is on the agenda today, which is calling on the Liberal government to put private property first in the Cowichan case, arguing that private property has priority over all other forms of title. We are saying this because the Cowichan Tribes v. Canada decision created massive uncertainty around fee simple property, the legal basis on which Canadians and businesses alike own their homes and their lands, and I could add their warehouses, their factories, their hotels and their high-rise apartment buildings.
I want to quote from the B.C. Supreme Court decision that has shaken the confidence of the real estate market, homeowners and landowners. This is what the judge says at paragraph 2193:
I agree that Aboriginal title is a prior and senior right to land. It is not an estate granted by the Crown, but rooted in prior occupation. It is constitutionally protected. The question of what remains of Aboriginal title after the granting of fee simple title to the same lands should be reversed. The proper question is: what remains of fee simple title after Aboriginal title is recognized in the same lands?
This is what is unsettling so many people interested in real estate. What does “a prior and senior right” actually mean?
Here is another quote, from paragraph 3551, which is close to the end of the 800-page decision. The judge says, “A precedent that will follow from this case is that provincial Crown grants of fee simple interest do not extinguish nor permanently displace Aboriginal title, and ss. 23 and 25 of the [British Columbia Land Title Act] do not apply to Aboriginal title.”
Before entering Parliament as a member of Parliament in 2019, I spent many years practising corporate, real estate and land development law in the metro Vancouver area. Those decades in law taught me this with absolute clarity: Canada's economic stability rests on the bedrock of secure, indefeasible fee simple title. This principle, inherited from centuries of British common law development, is not an abstract legal doctrine. It is a foundation of our banking system, commercial investment, housing markets and, importantly, the ability of ordinary Canadians to build and preserve wealth. If we undermine that foundation, we undermine our economic stability and civic resilience as a Canadian society.
The whole real estate industry banks on indefeasibility, the principle that says that when a person is registered as the legal owner of the land, their ownership cannot be challenged or defeated. The title is what the title says it is. Nobody had ever questioned the simple principle of indefeasibility until the Cowichan decision last year. One phrase bears repeating: “[Sections] 23 and 25 of the [Land Title Act] do not apply to Aboriginal title.” I am not trying to get technical, but these are the sections that underpin the principle of title indefeasibility. Today that principle is less secure than we always thought it was.
This is the first in Canadian jurisprudence. There have been other cases in British Columbia where the courts ruled that a first nation had met all the criteria for proving aboriginal title. The first one was a 1997 Supreme Court of Canada case called Delgamuukw, which set out the standard for proving aboriginal title in the court of law. There was another important case, 17 years later, called the Tsilhqot’in Nation case, which declared aboriginal title over a large but remote area of British Columbia of about 2,000 square kilometres. All the land in question was Crown land. The Tsilhqot’in Nation was the plaintiff in that case. Its litigation strategy was deliberately crafted to avoid conflict with private property owners.
Let us fast-forward another decade to the case we are talking about today, which declared aboriginal title over a relatively small area of only 800 acres compared to the 2,000 square kilometres in the Tsilhqot’in case. However, this land is right in the heart of metro Vancouver. Any realtor will tell us that the three most important things about real estate are location, location and location.
The location in question makes the real estate very valuable. It is right in the heart of an industrial part and residential part of metro Vancouver. There are about 150 private landowners. There is a beautiful golf course. A significant landowner's project has now been put on hold. None of them had the opportunity to argue their case in court.
The fact that the Cowichan plaintiffs did not restrict their claim to publicly owned lands but included privately owned lands makes this case unique. It is in that context that we accuse the Liberals of dropping the ball. A different and more far-reaching strategy on the part of the plaintiffs, compared to the Tsilhqot’in, who restricted their claim to public lands, required a different and more aggressive response from the federal Attorney General lawyers.
Under the direction of the Attorney General in 2018, the justice department lawyers pulled their punches. At paragraph 2096 the judge noted, “Canada initially [argued] extinguishment but abandoned its reliance on this defence in its amended response to [the] civil claim filed November 22, 2018”, obviously in direct response to new directives coming from the Attorney General.
They dropped the ball. They dropped their first and best line of defence, which says that the clear and simple act of the Crown's granting fee simple title to individuals throughout B.C.'s history had the effect of extinguishing aboriginal title, to the extent that future plaintiffs might argue for aboriginal title. We are saying that it is obvious that the government lawyers should have maintained this line of defence, considering the aggressive action by the Cowichan plaintiffs. An aggressive offence demands an aggressive defence.
Some people argue that weakening private property rights is a path toward reconciliation, but Canadian courts have already warned of the opposite. In the New Brunswick case of J.D. Irving v. Wolastoqey Nation, December 2025, the Court of Appeal of New Brunswick put it this way: “a declaration of Aboriginal title over privately owned lands, which, by its very nature, gives the Aboriginal beneficiary exclusive possession, occupation, and use would sound the death knell of reconciliation with the interests of non-Aboriginal Canadians.”
That is not rhetoric. It is a sober legal assessment of the consequences of eroding certainty in land ownership. The British Columbia Supreme Court, in the Cowichan decision, moved in the opposite direction. The court held that aboriginal title can extend to privately owned lands, and that aboriginal title and fee simple ownership can somehow coexist on the same land at the same time. In my respectful view, this is simply not possible. Both forms of title claim exclusive rights to occupy, to develop and to benefit economically from the land. Two competing exclusive titles cannot occupy the same legal space without destroying the certainty that underpins our entire property system.
The result is not reconciliation; it is confusion. It is not economic opportunity; it is economic paralysis. It is not a path forward; it is a step backward into uncertainty at a moment when Canada desperately needs stability, investment and confidence.
If the Cowichan decision stands as it is, the consequence will be profound. It risks chilling development, destabilizing markets and deepening divisions rather than healing them. Canada cannot afford a property rights regime that leaves homeowners, lenders and investors unsure if they can take their fee simple title to the bank.
Reconciliation requires clarity, honesty, transparency and respect, not the erosion of the very legal foundations that allow our society to function. That is the principle that the Liberal government overlooked when it instructed its lawyers to not use all the tools in their tool box to defend property rights in Canada for Canadians. They dropped the ball, and Canadians are paying the price.
:
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 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 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.
[Translation]
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.
[English]
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.
[Translation]
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.
[English]
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.
:
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 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.
:
Mr. Speaker, I will be splitting my time with the member for .
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 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 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.
:
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 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 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 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 .
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 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 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.
:
Mr. Speaker, I will be sharing my time with the member for .
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 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 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 on down, that protecting private property is fundamental to who we are as a country, and we will always stand for that.
:
Mr. Speaker, I would like to use my time today to speak about the recent agreements that Canada signed with the Musqueam nation. These agreements build on the Constitution Act, 1982, the direction provided by the courts over the last several decades and efforts of indigenous groups over many years to have their rights recognized and upheld by the Crown. To understand these agreements, it is helpful to begin with the Constitution.
Section 35 of the Constitution Act, 1982 states that “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.” It reflects Parliament's recognition that indigenous nations will become partners in Confederation based on fair and just reconciliation between indigenous peoples and the Crown. Existing aboriginal and treaty rights include rights defined under historical or modern treaties and the asserted aboriginal rights and title of indigenous nations with claims to land that remain unresolved.
Indigenous nations have rights and title within their territory that are recognized and affirmed by section 35 of the Constitution Act, 1982. Section 35 recognizes what first nations have always known, that they have aboriginal rights. However, acknowledging aboriginal rights is not the same as defining those rights. General recognition that a first nation has aboriginal title acknowledges a legal and historical fact. That recognition also creates an important and respectful starting point for the negotiation of agreements to address their claims. General recognition of aboriginal rights, including title, is often included in agreements negotiated between governments and indigenous nations, including both treaties and incremental non-treaty agreements.
Agreements such as the Musqueam Rights Recognition Agreement contain general recognition and do not create a legal interest in any specific lands. Specific recognition of aboriginal title means that an indigenous group has aboriginal title to specific lands, including a legal ownership interest based on their historical use and occupation of those lands. This type of recognition can happen either as part of an agreement negotiated between governments and indigenous nations or as a result of a court decision in an aboriginal title case such as in the Cowichan and Tsilhqot’in cases. Quite simply, this agreement does not create aboriginal rights for Musqueam. It does not define the nature or scope of their aboriginal rights. It simply acknowledges that Musqueam have aboriginal rights including aboriginal title somewhere, not throughout, within their entire traditional territory. Most important, it sets out a process for discussion about how and where those rights might be implemented in the future. To use the analogy of a tool box, general recognition of aboriginal rights through the Musqueam Rights Recognition Agreement is like agreeing that a tool box exists. What it does not do is decide how the tools will be used or which tools will be needed. Those are questions that will be worked through later, together, through discussion and negotiation.
Moreover, the Musqueam Rights Recognition Agreement does not impact third party interests, including private property. It does not impact the rights of other first nations. It does not impact or alter the jurisdiction of federal, provincial or local governments. No decision-making powers about lands, waters or resources are transferred through these agreements. The Musqueam agreement does not mention private property because private property was never on the negotiating table in the first place. There has been a lot of commentary regarding these agreements. Canadians place great value on private property and also recognize the importance of advancing reconciliation with indigenous people.
Given the importance of advancing reconciliation with first nations and the need for clarity as Canada strengthens its economy, it is critical that we are clear about what these agreements are and what they are not. To that end, I would emphasize that private property is firmly under the jurisdiction of provincial governments. It cannot be negotiated away from provinces or Canadians without their consent and it is not something the federal government can alter through this type of agreement. The Government of Canada respects both existing private property interests and constitutionally protected indigenous rights within the federal government's areas of responsibility. The Musqueam people have clearly stated that they have no intention of pursuing private property through this agreement.
If I may quote Musqueam chief Wayne Sparrow, he said, ”Our approach to traditional unceded territory is one of partnership and relationship with our neighbours, not trying to take away our neighbours' private property.”
Treaties and other agreements, such as the one with Musqueam, allow government to advance reconciliation and address indigenous rights and title through dialogue and co-operation while protecting private property and providing certainty for all Canadians. The Musqueam Rights Recognition Agreement provides a path forward to address Musqueam's rights and title collaboratively and avoid the uncertainty and high costs of pursuing litigation in the courts.
Canada has consistently stated that the best way to resolve outstanding claims is to work together in partnership through co-operative negotiations and respectful dialogue, not through litigation. The litigation of land claims often involves unpredictable outcomes and significant costs for provincial, territorial and federal governments, and Canadians. Negotiated agreements provide an alternative that supports clarity and stability around the exercise of aboriginal rights.
Agreements like the Musqueam agreement are about creating certainty and predictability, predictability for investors, for major projects, for private landowners, for indigenous groups and for all Canadians. By negotiating agreements such as this one, Canada is taking a responsible approach to resolving outstanding claims, including through its work with Musqueam. In so doing, we are able to advance the resolution of long-standing disputes about land and rights in ways that respect the rights of indigenous peoples, uphold existing private property rights and reflect the best interests of all Canadians.
This approach supports a stronger and more unified Canada, where private property and indigenous rights are respected together.
:
Mr. Speaker, it is always an honour to rise in this place to speak on behalf of the good people of Okanagan Lake West—South Kelowna.
I have the honour of sharing my time with the hon. member for .
This past week, Canadians, particularly British Columbians, received deeply troubling news. A new survey from the Business Council of British Columbia found that nearly three-quarters of businesses plan to reduce investment and one-third plan to reduce hiring because of the growing uncertainty around property rights and land title in this country. This uncertainty is not theoretical. It is very real. It affects homeowners, employers, municipalities and investors who believed that, in Canada, fee simple ownership meant certainty.
Since the Cowichan ruling, I have received calls, and I was a bit shocked because Westbank First Nation is in the heart of Okanagan Lake West—South Kelowna and sits side by side with the City of West Kelowna. I have had people who live in Westbank First Nation ask me questions about their property and whether their investments are safe. This is not surprising because today's debate is really about a simple question that people in my riding are asking: Will the House of Commons stand up for Canadians who followed the rules and invested their life savings, or will it allow uncertainty and inaction to undermine private property rights in Canada?
Business leaders are clear about what is driving this concern. It is the increased costs, the delay, the complexity and the unpredictability caused by this court ruling, as well policy reversals and an ever-changing legal landscape. As a result, investment is being shelved, jobs are at risk and confidence is eroding.
What we already know is alarming. Fee simple titles held by the city of Richmond, the federal government and the Vancouver Fraser Port Authority are now potentially invalid or ineffective due to this ruling. What we do not know yet is what the full impact will be on private landowners, people who worked hard, followed every rule, paid their taxes and put their entire life savings into their homes and businesses. They are worried, and rightly so.
When these concerns are raised, members opposite respond by accusing critics of fearmongering or spreading misinformation. This is what Liberals tend to do when they do not have a substantive answer to serious questions, because these are serious questions.
To those making those accusations, I would offer this: It was the Liberal government that adopted litigation directive number 14. That directive restricted the arguments Crown lawyers could make in court to defend fee simple property rights. That is not rhetoric. That is documented policy. Litigation directive number 14 is not fearmongering. It is a fact. It is an inconvenient fact for the and his government, one it has refused to explain still being on the books and that is instructing lawyers within its employ. The Prime Minister has been asked repeatedly why his government has continued with this directive, and he has continued to avoid giving a clear answer.
Why did the Liberal refuse to stand up for property rights when it mattered? That remains unanswered, but what we do know now is that, after the damage has been done, the Prime Minister says he disagrees with this court decision. He now says that private property rights are fundamental and that his government will defend them. I am happy to say that the Prime Minister will have that opportunity with this motion. This opposition day motion gives the Prime Minister a chance to match his words with action, something that is increasingly difficult for the Prime Minister. Will he vote to defend private property rights, or will he vote against them once again?
This motion proposes practical, substantive and achievable steps to help restore certainty and confidence. First, it calls on the government to put private property first in the Cowichan case by clearly arguing that fee simple ownership has priority. I have heard the term “viable arguments”, but that does not necessarily mean they are making every argument. Second, the motion specifically calls for litigation directive number 14 to be replaced with a clear requirement that the federal government aggressively defend property rights in all litigation.
Third, the motion requires that no agreement be concluded without explicit protection of fee simple property rights in all future negotiations with first nations, so everyone understands and has some certainty, something failed to have been done under this government and its predecessor. Fourth, it demands a concrete plan from the within 30 days, complete with timelines, to protect Canadians affected by the Cowichan decision and the Musqueam agreement. Finally, it establishes a special parliamentary committee to examine every legal, constitutional and political tool available to protect private property rights in Canada.
These are not radical proposals, and they are not ideological. They are responsible. They only become controversial if one does not believe that private property rights are fundamental to our system, both our system of capitalism in this country and our Westminster system. We have always honoured these things, and the lack of certainty that we see today is causing real harm. It is freezing investment, encouraging litigation and forcing Canadians into a legal limbo with no clear path forward. This is despite the and all his Liberal members of Parliament, or as I have heard it described in the Toronto Star, his deputies, describing everything that the Conservatives say as not being true.
It should not be this way. Behind closed doors, negotiations are occurring with public tax dollars on the line, while affected Canadians are left without consultation, clarity or protection. Lawyers disagree and experts disagree. Lawsuits are multiplying, and the government is failing to protect the interests of some of the very people it claims to serve.
British Columbia already faces enough challenges. One can look at softwood lumber, American tariffs and an NDP provincial government, which appears to have no idea of what it is doing. We do not need to add property rights chaos to that list, but I guess it already has been. We have to make sure that we pull that off the list. This motion is a way to do that.
The often says that we should focus on what we can control. Today, with this motion, the House can control something. We can restore certainty, and we can defend property rights. We can stand up for Canadians who, by every account, have done everything right. That is why I will be voting in favour of this motion. The Prime Minister, himself, has said, “private property rights are fundamental”. Today we will see if his words mean anything.
I urge all hon. members to support this motion and send a clear message that, in Canada, private property rights matter. We hear the concerns raised by British Columbians. We know we have the means to address them. We are dedicated in service to ensuring that their rights and concerns are addressed, not in some far‑off land at some yet-to-be-determined time, but here and now, in this Parliament, in this country.
:
Mr. Speaker, for eight months, British Columbians have been left with silence: silence after a court ruling that raised serious questions about the certainty of private property rights in Canada; silence after repeated concerns from homeowners, businesses, municipalities and investors; silence after Richmond city council sent letters asking the government for clarity; and silence after Canadians asked the very simple question of whether the Liberal government still believes in defending the legal foundations of private property rights in Canada.
After all that silence, when the finally addressed the issue in the House, Canadians did not get answers. They got talking points, attacks and accusations of fearmongering, but they still did not get clarity, so let us put some facts on the record.
First, despite what the claimed in the House, the Liberal government did not immediately appeal the Cowichan ruling. It waited until the very last possible moment before filing its appeal, long after the Province of British Columbia and the City of Richmond did, which is a clear distinction in willingness to stand up for Canadians. If the Liberals truly believed the ruling created no uncertainty, why did it wait until the deadline had nearly expired?
Second, throughout this entire controversy, the government has offered no meaningful public explanation of the ruling and no substantive public statement on the implications for homeowners, businesses, municipalities, lenders or investors. Eight months passed before Canadians even heard a serious acknowledgement from the .
Third, Richmond city council repeatedly attempted to engage with the Liberal government. It wrote letters seeking clarity on the implications of the Cowichan and Musqueam agreements and the border concerns surrounding land title certainty and federal litigation policy. These are not just fringe concerns. Homeowners cannot renew their mortgage. The concerns came from elected municipal leaders representing one of the most economically significant communities in British Columbia. What did they receive? It was silence. There was no meaningful engagement, no public reassurance and no detailed explanation.
Fourth, when Conservatives ask questions in committees and in the House, the government consistently provides vague and ambiguous answers. They hide behind legal technicalities. They avoid direct responses. They narrow every answer to procedural language instead of addressing the border issues Canadians were actually worried about: whether the government was weakening the legal foundations that underpin private ownership in Canada. That is not the level of clarity that business owners and investors must depend on.
Finally, when the did speak, after months of pressure, he still refused to provide the one assurance Canadians were looking for. He would not clearly commit to withdrawing the 2019 directive's litigation guideline 14, which effectively sent its own lawyers into court with one hand tied behind their back. Let us be absolutely clear: The central issue in this litigation is that the federal government, through litigation guideline 14, instructed its lawyers to restrict their arguments regarding the supremacy and extinguishment effect of fee simple rights.
This directive was issued in the middle of ongoing litigation and represented a clear change of course in the government's line of argument. Rather than fully defending the certainty and finality of private property rights, the government deliberately narrowed the arguments available to its own counsel, creating uncertainty with potentially far-reaching consequences for property owners across Canada. That directive remains publicly available on the Liberal government's own website today, so Canadians are still left asking what exactly the government's position is.
Conservatives have been accused of fearmongering for raising these concerns, but let us look at the real-world consequences of uncertainty. Markets react immediately. Investors react immediately. Lenders react immediately. Businesses react immediately.
The consequences are already being felt on the ground in British Columbia. Montrose Properties has publicly raised concerns about the uncertainty surrounding land title and investment confidence. The local golf course now sits in limbo, uncertain if it should continue to invest in growth or prepare to sell. Farmers who have worked their land for decades are now questioning how to manage long-term operations while watching property values decline and financing uncertainty increase.
A local senior couple has reportedly been unable to sell their property in order to pursue a more secure retirement. Even a deal involving the sale of a local hotel that is not even located within the distributed area has collapsed because of the growing uncertainty surrounding land title and future risk.
These are not theoretical consequences. There are real people, real businesses and real livelihoods being impacted right now. Canadians are not asking for abstract legal debates. These are foundational questions about confidence in Canada's economy and its legal systems.
These issues matter deeply in my riding of Richmond Centre—Marpole. Richmond is not just another municipality. It is one of Canada's economic gateways to the Indo-Pacific. It is home to major transportation, infrastructure and international trade networks; logistics hubs; exporters; and entrepreneurs and families that have invested their life savings into homes and businesses. It is a place where immigrants have chosen to build a livelihood. That is why Richmond's city council raised concerns. That is why residents are paying attention. That is why businesses are watching carefully.
The Cowichan ruling has far-reaching consequences, yet the Liberal government is trying to water down its significance and mislead Canadians about its impact. The Liberals know they made a grave mistake when they gave their lawyers the restrictive instructions, and now they are trying to distance themselves from the consequences. They know that the impact of this ruling is real, yet instead of taking responsibility, they are attempting to whitewash the issue and accuse others of fearmongering.
This decision will have profound and lasting consequences not only for Richmond, not only for the Lower Mainland and not only for British Columbia but for all of Canada. The government’s actions will be remembered as a shameful chapter in our country’s history. Canadians deserve transparency. We deserve confidence. We deserve real answers.
:
Mr. Speaker, I will be sharing my time with the member for .
I want to take a few minutes today to separate fact from fiction. Right now, when it comes to aboriginal title in this country, there is a lot of confusion. That confusion fuels concern and, in some cases, misinformation is making it worse. Let me be very clear from the outset: Some of the anxiety Canadians are feeling right now is understandable and it is rooted in the fact that this area of law is not settled and is evolving. For many Canadians, this is not an abstract. It is about their homes, their businesses, their communities and their sense of security. When people hear conflicting information about something as fundamental as property rights, it is entirely reasonable that they ask questions and expect clear answers.
For decades, Canadian courts have developed aboriginal title law carefully and incrementally since it was first recognized back in 1973. The decision in the Cowichan Tribes v. Canada case at the Supreme Court of British Columbia took a novel approach. It found that aboriginal title could exist in areas that include private fee simple lands and suggested that those interests could actually coexist. The court did not invalidate private property held titles. It did not remove land from individuals. What it did was introduce a new and complex legal question about precisely how continuing private property interests could coexist with what the court also declared was a superior aboriginal title interest.
Our government has been clear. We do not agree with the court's decision in Cowichan. We recognized that it creates uncertainty, and that is why it is being appealed. Canadians deserve clarity on something as fundamental as property rights. That is not just our view; it is reflected in the fact that the courts themselves are not aligned on this issue. I want to bring to members' attention that in New Brunswick, the litigation involving the Wolastoqey Nations v. New Brunswick and Canada decision at the Court of Appeal reached a very different conclusion. The court stated that it was open for courts to make a finding of aboriginal title over private property, which could lead to a compensation award against the Crown, but that declaration of aboriginal title could not be made over private property.
Therefore, we now have two court decisions in Canada taking opposite approaches. That divergence is exactly why we need to have clarity from the courts, and that is why it is being appealed. This is an important point. When the law is unsettled, it creates space for speculation. It creates space for competing interpretations and, in that space, misinformation can take hold and facts can be twisted. This is where myth begins to enter the picture because while this legal uncertainty is real, it is being used and weaponized in some cases to suggest that negotiated agreements are putting private property at risk. That is simply not true. It is important that we say that clearly, but also respectfully, because many Canadians asking these questions are doing so in good faith.
Therefore, let me address one example directly. There has been commentary about the Musqueam agreement and what it does and does not do. Here are the facts. It does not impact Canadians' private property. This agreement does not grant new rights. It does not define or finalize the scope of any existing Musqueam aboriginal rights and it does not attach any such rights to specific parcels of land. What it does do is acknowledge that rights exist, which they do under section 35 of the Constitution, and it creates a structured process for Canada and Musqueam to work together to better understand how those rights may be addressed over time. That is it. It is a framework for negotiations. It is not a transfer of land or change in ownership and it does not affect private property. It does not override provincial jurisdiction and it does not give any decision-making authority over land or resources to Musqueam through this agreement. In other words, it is about creating a path forward for dialogue and clarity, not changing who owns what today. In fact, private property was never part of these negotiations and will never be part of any future negotiations.
I would remind colleagues that in British Columbia, jurisdiction over private property rests with the province. It is not something that the federal government can simply negotiate away, and it has not done so. The Musqueam themselves have been clear that this agreement is not about pursuing privately owned land, so when Canadians hear claims that agreements like this somehow put their homes and businesses at risk, those claims are not grounded in fact. They are grounded in trying to create fear.
The distinction is important. On the one hand, we have court decisions that are exploring new and unsettled legal territory. On the other hand, we have negotiated agreements that are designed to create clarity, not uncertainty. That distinction matters because litigation and negotiation do very different things. Litigation can clarify the law over time, but it often does so in a narrow, incremental way that can leave broader uncertainty in the meantime. Negotiation allows parties to sit down, address concerns directly and build solutions that reflect real-world impacts. No modern treaty, negotiated agreement or federal approach has resulted in Canadians losing privately owned land. This goes back to 1973 when aboriginal title was first recognized and discussed in the Calder case.
In fact, negotiated agreements consistently do the opposite. They provide predictability and clarity and explicitly protect private interests while advancing reconciliation. We saw that recently in the agreement with the Haida Nation, which addressed aboriginal title while clearly providing for the protection of private fee simple lands. That is the value of negotiations. Negotiations allow complexity to be addressed directly and balanced outcomes to be reached. Courts answer legal questions. Negotiations build lasting solutions. We are committed to ensuring those negotiations go forward in a way that creates clarity.
Yes, there is uncertainty right now. Canadians have legitimate questions, and we are acting to address that uncertainty by seeking clarity through the courts where the issue is already being raised. At the same time, that uncertainty cannot be used to misinterpret the facts. We will continue to engage Canadians with honesty and transparency and acknowledging what we know, what we do not know yet and what we are doing to get clarity. Fear must not replace facts. Reconciliation must move forward through respectful, balanced and negotiated agreements. At the end of the day, Canadians have confidence that their rights and interests are being protected and reconciliation is being advanced in a thoughtful, measured and fact-based way. That is how certainty is built and trust is strengthened and how we will move together.
I want to dwell on this because there has been a lot of misinformation. Conservatives continue to act as if aboriginal title in Canada is a new thing. It has been recognized since 1973. We have seen multiple British Columbia tribes go to court and have their aboriginal titles recognized, from the Nisga'a to the Delgamuukw and the Tsilhqot’in. There is not one example where these court cases resulted in someone losing their fee simple property rights. It just has not happened. To suggest that for some reason or somehow these tribes are going to come after this title and take people's homes and property is just irresponsible, not factual and meant to create fear and misinform Canadians.
On this side of the House, we will continue to balance our efforts toward reconciliation with the interests of Canadians. We have done so in every single indigenous case that has ever gone to the Supreme Court where indigenous tribes have won, and we will continue to do so moving forward. For Canadians at home hearing this, our government is ready, prepared and willing to negotiate and ensure that we are protecting property rights at the same time as advancing reconciliation.
:
Mr. Speaker, I appreciate the opportunity to speak today on the matter of the Cowichan court decision, as it has understandably raised questions in the House; in my hometown of Richmond, British Columbia; and across Canada.
Let me first say that our government disagrees with the Supreme Court of British Columbia's decision and that we immediately appealed the court decision. As the case is before the courts, it would not be appropriate for me to comment further on the ongoing aspects of the litigation itself. I will, however, provide background on the history of the case and speak about private property interests.
It is helpful at the outset to understand the scope of the litigation and the number of parties involved. Besides the federal Crown, there are five other defendants in the litigation: the Vancouver Fraser Port Authority, the Government of British Columbia, the City of Richmond, the Musqueam first nation, and the Tsawwassen First Nation.
The litigation began in November 2014. The Cowichans sought a declaration of aboriginal title to 1,846 acres of land located in the city of Richmond, along with a declaration of an aboriginal right to fish for food in the south arm of the Fraser River. The claimed lands include federal lands owned by Transport Canada and managed by the Vancouver Fraser Port Authority, Richmond municipal lands, and some lands held by private landowners.
Given the complexity of the issues and the number of parties involved, it is not surprising that the case unfolded over several years. On August 7, 2025, the British Columbia Supreme Court delivered its decision, ruling that the Cowichan hold aboriginal title over approximately 40% of the claimed area, as well as an aboriginal right to fish for food in the south arm of the Fraser River. Soon after the release of the decision, all parties took further steps within the court process. The court's decision is being appealed by all parties to the litigation, including Canada.
Some of the court's findings have potentially significant implications, including with respect to private property rights. Because the decision is not entirely clear on certain points, that clarity is being sought through the proper legal process. I have also been working to seek clarity, and I recognize that the decision has raised questions or concerns.
We know that Canada defended the validity of fee simple title granted by the Crown at trial. Canada also defended the principle of transparency in this trial, particularly for parties that are not directly involved in this case but that may be affected by its outcome. In 2017, Canada brought an application seeking an order requiring the plaintiffs to notify private landowners within the claim area in this case. The court declined to exercise its discretion to require the Cowichan to give formal notice to private landowners. I should note that every aboriginal title claim is unique, and the reasoning in this decision will not necessarily apply to other cases. It depends on the facts of the case in question.
With that background in mind, I will turn to more recent developments.
Three related private real estate companies, which I will refer to as Montrose, operate in Richmond and claim they are the largest landowner in the declared Cowichan title area. Montrose has applied to the British Columbia Supreme Court to reopen the trial, be added as a party and file new evidence and argument. Its application would allow the company to present its perspective on how the declaration of aboriginal title impacts its legal and financial interests.
Canada has filed a response to support Montrose's application. It is important for all parties to be heard when they are directly and significantly affected by a court decision. Canada's position is consistent with the application it brought in 2017 regarding the need to provide notice of the trial to private landowners.
If successful, Montrose would become an official party to the litigation, and the record would be reopened so the court could receive Montrose's evidence and submissions, including submissions related to the impacts of the ruling. The Montrose application is scheduled to be heard before the British Columbia Supreme Court on May 25 and May 26, 2026.
The Government of Canada respects the right of all parties to pursue their own legal strategies. Canada's approach in this litigation reflects the use of appropriate court process to address legal uncertainty, while continuing to advance reconciliation in accordance with the Constitution. I will add that private property rights are fundamental and that our government will always protect them.
For the Government of Canada, private property cannot and will not be negotiated. This is not only because our government would never negotiate Canadians’ private property but also because, as members all know, private land ownership and land deeds fall under provincial jurisdiction, not federal jurisdiction. It is important to note that any agreement on aboriginal title at the federal level protects private property. In fact, no modern treaty, negotiated agreement or federal approach has led to Canadians' losing their privately owned land.
As the member of Parliament for Richmond East—Steveston, I have been working and will continue to work with the to address residents' concerns and share constituents’ perspectives with the government, and to advocate for the people of our city. At the same time, I will work with the Richmond city council and all levels of government to ensure that the residents of our city are engaged and informed on these matters as they proceed in the months and years to come.
:
Mr. Speaker, the most important changes in life are often invisible at first. Seeds sprout underground before the first shoots appear. A ship that changes course by one degree makes no waves, but ends up somewhere entirely different. A coastline can look unchanged for years, while the tide quietly reshapes it, grain by grain.
On August 7, 2025, when the B.C. Supreme Court released the Cowichan Tribes decision, nothing happened. No Canadian lost their home. Richmond continued to function. The Cowichan Tribes repeatedly said they never intended to interfere with private fee simple title. Yet, the judge decided, first, that the Cowichan have aboriginal title to land in Richmond, and second, that Crown grants of fee simple in those lands unjustifiably infringe that title. The court did say that private fee simple interests remain valid, but only “until such a time as a court may determine otherwise or until the conflicting interests are otherwise resolved through negotiation.” With that “until”, a seed was planted. Homeowners are now aware that a court could “determine otherwise”, and many of them are nervous.
At paragraph 3543 of a very long decision, the judge added, “I accept that a declaration of Aboriginal title may give rise to some uncertainty for the fee simple title holders and it may have consequences for their interests in land.” Within days, it became clear that uncertainty had taken root. Within weeks, the first signs of a growing set of complications became visible. When a person gets a mortgage, their home is the collateral for the loan. If the mortgagor's title is uncertain, they are going to have a problem. When a person sells a property, they promise valid title. If the seller's title is uncertain, they are going to have a problem.
Anyone who claims to understand the full implication of the Cowichan Tribes decision at this point is fooling themselves. We are now seeing transactions delayed, financing reconsidered and investment decisions paused in British Columbia. The case has already reportedly tanked a $100‑million deal and created complications with mortgage and property transactions. The B.C. Financial Services Authority is recommending independent legal advice before buying affected properties. Real estate agents are adding new clauses to purchase agreements across the province. Title insurers are reassessing risk.
The Musqueam agreement followed quickly on the Cowichan Tribes decision, adding additional uncertainty. Investors are skittish and wondering what is coming next. Uncertainty is undermining confidence in land-based collateral in B.C. The decision is adding costs we cannot afford and disrupting parts of B.C.'s economy at a time when stability is badly needed.
The problem is not that Canadians are unwilling to support reconciliation. In British Columbia, we desperately want to live in harmony, but anxiety creates strain, and government failure to negotiate treaties that would have provided legal clarity before these issues reached a crisis point is dividing our communities. For years, these Liberals talked reconciliation but dragged their feet on negotiation. They failed to negotiate a treaty with Cowichan Tribes, so they got sued and lost.
Now ordinary Canadians are paying the price. Families trying to buy homes, indigenous communities seeking certainty, municipalities planning infrastructure, and businesses deciding whether to invest in British Columbia face years of legal limbo. Despite their insistence that they are going to appeal the decision and make everything fine again, the Liberals have painted themselves into a legal corner. The admits that property rights are “fundamental.” The admits that there are “potentially significant implications, including for private property rights” that “could extend across the country.”
The and the Liberals say repeatedly that they will make all “viable” legal arguments, but here is the problem: Appeals are not do-overs, and the “raise it or lose it” principle is core to how our legal system works. People are not allowed to save some of their arguments for appeal, just in case they do not get what they want at trial. If they could, litigation would cost even more and it would never end. My dad used to refer to this as the “you snooze, you lose” principle.
Paragraph 2096 of the decision states, “Canada initially pled extinguishment but abandoned its reliance on this defence in its amended response to civil claim filed November 22, 2018.” In plain English, what that means is that the Liberal government told its lawyers not to argue that fee simple title is superior to all other forms of title, and those lawyers amended the court documents in 2018 to take the argument out. A lot of Canadians are wondering how that could have been allowed to happen. We investigated and found the government's legal directive, still online, that strongly encourages admissions of liability and discourages defences like extinguishment that would support fee simple title. It turns out that the one argument the government needed in a 513-day trial is the one it did not make. That means it is not viable on appeal.
Conservatives have repeatedly asked how the is going to win an appeal with an argument he is not entitled to make. In response, we have been accused of “misinformation”, “fear and misinformation”, “fearmongering...spreading misinformation and...causing disruption in the economy of British Columbia”, and worse.
We are not fearmongering, nor are we spreading misinformation. I have just laid out the problem in plain English. It is not unreasonable to want to understand how the government is going to deal with this very serious issue that is causing unsettling divisions among Canadians. Those divisions are not being caused by Conservatives. They are being caused by a Liberal government that does not make all available arguments, hides its mistakes and attacks anyone who asks how it is going to fix it.
British Columbians bought their homes in good faith. They are trying not to lose them in the face of the rising cost of everything and an economic crisis already made worse by government. What is perhaps most frustrating for the homeowners I talk to is that there will be no clarity on these issues any time soon. We are staring down months, if not years, of litigation while the courts sort this out.
The order itself has not been fully finalized. A 513-day judicial record still has to be assembled. Preliminary motions have to be heard before the appeal can start, including numerous intervenor applications and a motion to reopen the case by landowners who claim they should have been involved from the beginning. The has indicated that Canada is supporting that application, which will make the case drag on even longer if granted. I cannot help but wonder if the government is doing so in part because reopening the trial might get it that actual do-over.
This is one of those cases where the process has process, but we got here through a complete failure of political leadership. The government knew this decision was coming. It knew there were more court cases coming. It yielded the field eight years ago, but avoided doing the hard work in that time of creating a clear legislative and policy framework around reconciliation, aboriginal title, private property rights and legal certainty. Instead, it left it all to the courts to be sorted out piecemeal through massive and voluminous constitutional litigation while the government stacks the court with activist judges.
Long trials may work for lawyers billing by the hour, but they do not work for families trying to buy a home, businesses trying to invest or first nations trying to build a stable future. Reconciliation requires clarity, fairness and predictability for everyone. We need a government that is willing to find real solutions instead of continually asking the courts to do its job for it.
I hope all members of this House will support our opposition day motion, in particular our call for a special multi-party committee to study all legal, constitutional and political steps that can be taken to protect private property rights in Canada. Indigenous and non-indigenous Canadians alike need us to work together to come up with solutions to government incompetence on this file. The ship needs to change course, because it is currently headed for the rocks.