Prime Minister Mark Carney has responded to what Liberals describe as 'disinformation' regarding private property rights in British Columbia amid Indigenous land title claims. During question period on Wednesday, Carney stated that he 'fundamentally disagrees' with the B.C. Supreme Court decision from last summer that granted the Cowichan Tribes Aboriginal title to 300-324 hectares of land in Richmond, B.C.
'We immediately appealed that decision alongside the government of B.C., the city of Richmond and other First Nations,' Carney said. He added that he would 'always advance viable legal arguments to protect private property.'
Carney's remarks came in response to a question from Richmond Liberal MP Parm Bains, who asked the prime minister to clarify the federal government's position on the Cowichan decision and a Feb. 20 agreement with the Musqueam Indian Band.
The prime minister's comments follow calls from Conservative Leader Pierre Poilievre for a more aggressive legal strategy in defending B.C. property owners from Aboriginal title claims. Poilievre argues that the Liberals failed to argue that fee simple private ownership takes precedence over all other titles, which led to the loss in the Cowichan case.
Poilievre is urging Carney to reverse a 2018 litigation directive that discouraged federal lawyers from using the 'extinguishment' argument, which asserts that private land ownership permanently eliminates Aboriginal title.
Last week, Poilievre announced the formation of a Conservative task force on property rights, led by Lower Mainland MP Tako van Popta. Additionally, Richmond Conservative MP Chak Au has been appointed to chair a separate committee focused on Pacific economic engagement.
Van Popta, a former real estate and land development lawyer, told the National Post that it may already be too late for the federal government to alter its legal strategy in the appeals process. 'And here's the question: can that argument (extinguishment) now be raised in the Court of Appeal, since Canada had abandoned it?' he asked.
Van Popta declined to provide details on the composition of the property rights committee but noted he would consult extensively with Au, as the subject lands fall within Au's riding. He also plans to consult with Indigenous Conservative MPs Ellis Ross and Billy Morin.
Au, who served on Richmond's city council at the time of the Cowichan decision, has been a vocal critic of how both federal and provincial government lawyers handled the case.
