Mr. Speaker, I appreciate the opportunity to speak today on the matter of the Cowichan court decision, as it has understandably raised questions in the House; in my hometown of Richmond, British Columbia; and across Canada.
Let me first say that our government disagrees with the Supreme Court of British Columbia's decision and that we immediately appealed the court decision. As the case is before the courts, it would not be appropriate for me to comment further on the ongoing aspects of the litigation itself. I will, however, provide background on the history of the case and speak about private property interests.
It is helpful at the outset to understand the scope of the litigation and the number of parties involved. Besides the federal Crown, there are five other defendants in the litigation: the Vancouver Fraser Port Authority, the Government of British Columbia, the City of Richmond, the Musqueam first nation, and the Tsawwassen First Nation.
The litigation began in November 2014. The Cowichans sought a declaration of aboriginal title to 1,846 acres of land located in the city of Richmond, along with a declaration of an aboriginal right to fish for food in the south arm of the Fraser River. The claimed lands include federal lands owned by Transport Canada and managed by the Vancouver Fraser Port Authority, Richmond municipal lands, and some lands held by private landowners.
Given the complexity of the issues and the number of parties involved, it is not surprising that the case unfolded over several years. On August 7, 2025, the British Columbia Supreme Court delivered its decision, ruling that the Cowichan hold aboriginal title over approximately 40% of the claimed area, as well as an aboriginal right to fish for food in the south arm of the Fraser River. Soon after the release of the decision, all parties took further steps within the court process. The court's decision is being appealed by all parties to the litigation, including Canada.
Some of the court's findings have potentially significant implications, including with respect to private property rights. Because the decision is not entirely clear on certain points, that clarity is being sought through the proper legal process. I have also been working to seek clarity, and I recognize that the decision has raised questions or concerns.
We know that Canada defended the validity of fee simple title granted by the Crown at trial. Canada also defended the principle of transparency in this trial, particularly for parties that are not directly involved in this case but that may be affected by its outcome. In 2017, Canada brought an application seeking an order requiring the plaintiffs to notify private landowners within the claim area in this case. The court declined to exercise its discretion to require the Cowichan to give formal notice to private landowners. I should note that every aboriginal title claim is unique, and the reasoning in this decision will not necessarily apply to other cases. It depends on the facts of the case in question.
With that background in mind, I will turn to more recent developments.
Three related private real estate companies, which I will refer to as Montrose, operate in Richmond and claim they are the largest landowner in the declared Cowichan title area. Montrose has applied to the British Columbia Supreme Court to reopen the trial, be added as a party and file new evidence and argument. Its application would allow the company to present its perspective on how the declaration of aboriginal title impacts its legal and financial interests.
Canada has filed a response to support Montrose's application. It is important for all parties to be heard when they are directly and significantly affected by a court decision. Canada's position is consistent with the application it brought in 2017 regarding the need to provide notice of the trial to private landowners.
If successful, Montrose would become an official party to the litigation, and the record would be reopened so the court could receive Montrose's evidence and submissions, including submissions related to the impacts of the ruling. The Montrose application is scheduled to be heard before the British Columbia Supreme Court on May 25 and May 26, 2026.
The Government of Canada respects the right of all parties to pursue their own legal strategies. Canada's approach in this litigation reflects the use of appropriate court process to address legal uncertainty, while continuing to advance reconciliation in accordance with the Constitution. I will add that private property rights are fundamental and that our government will always protect them.
For the Government of Canada, private property cannot and will not be negotiated. This is not only because our government would never negotiate Canadians’ private property but also because, as members all know, private land ownership and land deeds fall under provincial jurisdiction, not federal jurisdiction. It is important to note that any agreement on aboriginal title at the federal level protects private property. In fact, no modern treaty, negotiated agreement or federal approach has led to Canadians' losing their privately owned land.
As the member of Parliament for Richmond East—Steveston, I have been working and will continue to work with the Minister of Crown-Indigenous Relations to address residents' concerns and share constituents’ perspectives with the government, and to advocate for the people of our city. At the same time, I will work with the Richmond city council and all levels of government to ensure that the residents of our city are engaged and informed on these matters as they proceed in the months and years to come.