moved:
That, given that,
(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,
the House:
(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.
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 leader of the official opposition 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 Langley Township—Fraser Heights, 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.