Federal Conservatives say they are planning to introduce a motion that will strengthen private property rights protections following the landmark Cowichan Tribes land ruling in Richmond.
They say land ruling is already hurting the economy, but that the motion will strengthen property rights.
“The Conservative Party believes the Liberals made a massive mistake when they ordered their government lawyers to not defend private property rights in this case,” said Andrew Scheer, House leader for the Conservative Party of Canada.
Private property rights have been the centre of political debate recently, after a landmark decision by the BC Supreme Court that says the Cowichan Tribes have Aboriginal title for roughly 1,800 acres of land in Richmond.
Conservative officials say some property owners are facing challenges renewing mortgages, and business owners are raising concerns about financial uncertainty.
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“As homeowners are approaching their renewal dates, there’s a tremendous amount of anxiety,” Scheer said.
“They can’t get clear answers, because this case is lingering out there.”
Indigenous leaders in the province have repeatedly said they are not interested in private property, nor are they seeking to invalidate any privately-held titles.
But one Aboriginal law expert says otherwise.
Tom Isaac with Cassels Brock & Blackwell LLP has been working in Aboriginal law for four decades and says he welcomes the Conservative motion.
“If you make a claim for Aboriginal title, you’re making a claim for the land,” he said.
“So when I hear this business of people not interested in people’s land, then don’t make a claim for Aboriginal title.”
Isaac says if the Cowichan land ruling appeal is upheld, it would be catastrophic to the economy.
“Whether a First Nation wants to take that land is irrelevant, to the point that indefeasible title does not exist anymore on that land if the Land Title Act doesn’t apply.”
The federal Conservative motion on private property rights is expected to be introduced in the House of Commons this Monday.
CityNews reached out to the Cowichan tribes for comment, but did not hear back before broadcast deadline.