Carney Liberals have failed to protect private property in agreement and legal case, say Tories

Richmond, BC – Conservative Leader Pierre Poilievre is calling on the Liberal government to provide immediate certainty to homeowners in British Columbia and across Canada after the Cowichan decision raised new questions about private property rights. The move comes after the federal Liberal government failed to argue in favour of property rights in court and signed an agreement casting doubt on property rights this year under Prime Minister Carney.

Poilievre urged the federal government to reinstate arguments before the Court of Appeal that fee simple landownership supersedes all other titles. Poilievre is calling on the Prime Minister to take the following steps to protect property rights:

  • Put private property first in the Cowichan case, arguing that it has priority over all other titles. This is an argument (referred to as “extinguishment”) that the federal Liberal government withdrew in 2018 during the earlier Cowichan litigation. The Carney government’s current policy (in its litigation directive) directs federal lawyers not to argue for property rights protections. Conservatives want that reversed.  
  • Make no agreement without explicit property protection so that existing fee simple owners are protected in all future agreements with First Nations. The Carney Liberal government signed a Rights Recognition Agreement with the Musqueam that failed to explicitly protect fee simple property ownership, causing confusion, fear and risk. Mr. Carney must reverse himself on this decision and make sure all future agreements explicitly protect people’s homes;
  • Publish a plan within 30 days to protect property rights for Canadians affected by the Cowichan decision and Musqueam agreement. The Prime Minister must personally present this plan with specific commitments and timelines. He has failed to show any leadership in this crisis that has now dragged on almost a year;
  • Convene 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.

“Canadians already face enough pressure from high costs and economic uncertainty without having to wonder whether their home is truly theirs,” said Poilievre. “The Liberal government must provide certainty, defend private property in court and make clear that Canadians’ homes and land titles will be protected.”

Back in August, 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. While existing titles remain technically valid, the ruling called into question whether those rights are fully secure and absolute. 

That is a foundational shift in Canadian property law and creates uncertainty for homeowners. The lead lawyer for the Cowichan Tribes said that private land sales would need his client’s consent to go ahead, raising alarm bells for homeowners, businesses, and lenders. 

If the Cowichan precedent stands, it could affect property rights across British Columbia. The BC Treaty Commission has accepted statements of intent to negotiate from First Nations covering nearly the entire province, raising concerns about how broadly this precedent could reach.

When the litigation began more than a decade ago, the federal government argued that Aboriginal title in the area had been legally extinguished. But in 2018, the Liberals made a political decision to direct federal lawyers to move away from relying on certain arguments, such as extinguishment. Poilievre first raised this issue with the government on September 28, when he wrote to the Minister of Justice demanding that the government argue against the Cowichan ruling. 

Last month, appraisers in British Columbia warned that the mere perception of threats to property rights could lower home values in Richmond by up to 40 per cent. Already, a Richmond company was refused financing for a $100 million project because its lender would not accept a title with this kind of uncertainty.

Conservatives also criticized the Liberals for negotiating the subsequent Musqueam Rights Recognition Agreement in secret, reaching a deal with the Musqueam Indian Band over their traditional territory that covers half a million hectares of the Lower Mainland without property rights protections and proper transparency or consultation with other potentially affected First Nations. 

That approach, which failed to say anything definitive about fee simple property, has only deepened uncertainty and created a dangerous precedent with potentially serious consequences.

“Prime Minister Carney has a duty to be clear on his plan for property owners,” said Poilievre. “Liberals failed to protect property rights in court, and they failed to provide clarity in the agreements they signed behind closed doors. Conservatives are calling on them to fix that now and restore confidence for homeowners across British Columbia and Canada.”