Mr. Speaker, the Cowichan decision is not a small local dispute. It is a Canada-wide concern. It raises fundamental questions of property ownership. The court found that aboriginal title may exist over lands currently held in fee simple by private owners. That finding carries significant implications for Canada's land title system, a clear system built on certainty.
For generations, when the Crown granted fee simple interests, those grants were understood to provide certainty of ownership. One of the doctrines historically relied upon to support that certainty was the extinguishment argument, the position that historical Crown grants were treated in law as having settled questions of aboriginal title in those lands. This has long formed part of the legal architecture underpinning property ownership in Canada.
However, during the Cowichan litigation, the federal Liberal government made a deliberate decision not to advance that argument at trial. That was not a procedural failure; it was a directive to the federal counsel. The extinguishment argument, central to fee simple certainty, was not defended.
Since that ruling, uncertainty has spread beyond one region. Land title questions are surfacing elsewhere in British Columbia, including most recently in relation to land claims in the Kingcome Inlet area. When foundational legal principles appear unsettled, the ripple effects extend far beyond the original case, yet the federal government has provided no clear public explanation of its directive, no detailed legal justification and no clear statement of principle. Filing an appeal does not explain what doctrine the government now stands behind. If this reflects a policy shift, Canadians deserve transparency. If a new framework is being adopted, it should be clearly communicated.
The government's decisions have consequences. In Richmond Centre—Marpole, families are concerned about the security of their homes, which are often their life savings. Lenders are raising questions. Developers are pausing projects. Large and small businesses are reassessing long-term plans. On October 23, 2025, the City of Richmond wrote to the Attorney General urging restoration of the extinguishment argument on appeal and seeking clarification. There has been no response. City council subsequently passed a motion calling for federal action. There has been no meaningful engagement.
More than 500 residents attended a public session seeking answers while provincial officials stepped in to provide reassurance. Property law cannot operate in governmental ambiguity. Certainty underpins mortgages, development, taxation and long-term investment across this country, and the federal government carries the ultimate responsibility for securing property ownership in Canada.
Will the Liberal government explain why it directed its lawyers not to advance the extinguishment argument, what legal principles it now intends to defend and what immediate steps it will take to restore certainty and confidence for Richmond residents and Canadians across this country?