Ottawa, ON – The Hon. Pierre Poilievre, Leader of His Majesty’s Loyal Opposition and the Conservative Party of Canada, sent the following letter to Tako van Popta, Conservative Member of Parliament for Langley Township—Fraser Heights, inviting him to lead a new Conservative task force to secure property rights:
Tako,
Last August, the Cowichan Tribes v Canada decision of the BC Supreme Court threatened the private property rights of land owners in British Columbia and potentially in other provinces. In one act, the judge deemed that Aboriginal title has prior and senior rights over fee simple homeownership on over 800 acres of land in Richmond worth over a billion dollars. The ruling has shaken the foundations of British Columbia’s economy and sparked fear among landowners provincewide.
The Cowichan Tribes v Canada decision is a foundational shift in the definition of property and it is having real consequences: one company was unable to get financing on a $100 million investment because the lenders were not sure they would have real collateral, while homeowners fear they’ll never be able to sell their homes because no bank will accept the risk. If other groups meet the Cowichan threshold in treaty negotiations covering the entire province, the implications for private property will be massive.
At the same time, the Carney Liberals negotiated the Musqueam Rights Recognition Agreement in secret without property rights protections, proper transparency or consultation with other potentially affected First Nations. That agreement covers up to 533,000 hectares including Metro Vancouver and the Richmond lands that are at the center of the Cowichan ruling.
Under Mark Carney’s leadership, the federal government maintains the legal directive that, in 2018, led it to abandon the argument in defence of fee simple title. The Carney Liberals failed to protect property rights in court, and they failed to provide clarity in the agreements they signed behind closed doors. These Liberal failures threaten the land, property and homes of all British Columbians.
Canada must pursue reconciliation with Indigenous peoples, but these decisions are moving in the opposite direction. The result is confusion, economic paralysis and a step backwards for all.
Canadians need the certainty that comes with knowing their homes and property are theirs, and that no government will allow them to be argued away.
That is why I am charging you with leading, as Chair, the Conservative Task Force on Property Rights, with a particular focus on the Cowichan ruling, Musqueam agreement and other Aboriginal title disputes in British Columbia.
In this role, you will:
- Examine, assess and bring to light the extent to which recent legal interpretations and federal policies have eroded Canada’s progress toward reconciliation and longstanding principles of private property rights;
- Explore legislative and constitutional options needed to protect property rights and home ownership;
- Guide caucus discussions toward coherent messaging and policy development aimed at protecting private property interests while enhancing reconciliation; and
- Advise on emerging developments in Aboriginal title litigation and related legislative initiatives across Canada.
In developing policy, you will build on our existing calls for the government to protect private property, namely:
- Putting private property first in the Cowichan case by arguing that it has priority over all other titles, and reversing their current position directing federal lawyers not to argue for property rights;
- Making no agreement without explicit property protection so that existing fee simple owners are protected in all future agreements with First Nations;
- Publishing a plan by May 9 to protect property rights for Canadians affected by the Cowichan decision and Musqueam agreement; and
- Convening a Parliamentary committee to study all legal, constitutional and political steps to protect private property rights in Canada in light of the Cowichan ruling and the Musqueam agreement.
As a real estate and land development lawyer for over 30 years, culminating in your role as Managing Partner at your firm for a decade, there are few who know Metro Vancouver’s market and challenges better than you. Your previous experience as a Director with the Surrey Board of Trade and Downtown Surrey Business Improvement Association also speaks to your achievements and familiarity with advancing urban development.
Your Conservative caucus colleagues, in British Columbia and across the country, stand ready to support you in this critical and timely task.
On behalf of all Canadians, thank you for your continued hard work and focus.