Why Conservatives say Ottawa’s legal strategy failed property owners in the Cowichan case

The Conservative leader is blaming the federal Liberals for a decision in a landmark Aboriginal title case and pledging to fight for property owners.

Federal Conservative Leader Pierre Poilievre is calling for changes to how Ottawa handles Indigenous land cases, arguing the government’s legal approach failed private property owners in a landmark B.C. ruling.

Speaking in North Vancouver Thursday, Poilievre said the federal government’s strategy in the Cowichan case didn’t do enough to defend property rights and announced a new motion he plans to introduce in the House of Commons.

“It calls on the prime minister to instruct federal lawyers to argue in court that private property rights take priority over all other claims,” he said, arguing a specific policy “stops federal lawyers from arguing that fee simple property rights takes precedence over all other claims.”

The Conservatives are pointing to a 2019 directive introduced under then-attorney general Jody Wilson-Raybould. The policy guides how federal lawyers approach Indigenous rights cases, encouraging a focus on reconciliation and setting a higher bar for using certain legal defences.

Conservatives argue the directive limited how lawyers could argue the Cowichan case in court, including whether private property rights should take priority.

Their proposed motion would reverse that directive, call for clearer protections in future agreements with First Nations, and strike a parliamentary committee to study potential legal and constitutional changes.

This comes after last summer’s B.C. Supreme Court decision granting the Cowichan Tribes Aboriginal title over about 800 acres of land in Richmond.

The ruling raised concerns among some homeowners, businesses and farmers operating in the area, and added uncertainty about how private property and Aboriginal title may coexist.

Montrose Properties, one of the largest private landowners affected, has since launched legal action to reopen the case.

The company sent a letter to Prime Minister Mark Carney earlier this month.

“The Government of Canada must support the argument aboriginal title was extinguished when the private property titles were created,” said Montrose Properties CEO Ken Low in the letter.

The Cowichan decision is now under appeal by all parties involved, including the federal and provincial governments, and the City of Richmond.

Poilievre was asked whether his motion could create more friction between government and First Nations.

“Well, my motion would improve Indigenous relations, by bringing clarity — that homeowners are protected,” he said.

But some experts say the approach could increase tensions.

“I think clarity would be beneficial, but I don’t think that approach would bring clarity,” said political scientist Stewart Prest. “I think it would bring additional conflict.”

The debate comes at a time of heightened strain in B.C. over Indigenous rights and land use, including calls from the provincial Conservatives to repeal the Declaration on the Rights of Indigenous Peoples Act, and warnings from some First Nations of possible legal action and protests.

The Cowichan Tribes have repeatedly said private property owners will not be impacted by the ruling.

The motion is expected to be introduced in the House of Commons on Monday.