Not my department: Housing minister refuses to answer on land title confusion

Added: 2026-05-26

[00:00:01]Thank you, chair. Uh, Minister, do you believe the right to private property is a fundamental human right?

[00:00:08]>> Uh, through the chair. Well, first and foremost, I I do believe that housing is a human right. Uh, and here in Canada, private property is uh has been uh I think protected for generations. And that that is what obviously a topic that's come up a lot in uh in these recent months. Of course, especially in in British Columbia, as I'm sure you know, do you believe Aboriginal title should and can exist on top of or in conjunction with existing fee simple title of individual homeowners?

[00:00:40]>> Through the chair, I think we've seen to date uh no challenge to private property as a result of Aboriginal rights and title. And I think uh there's been a lot of fear-mongering lately that is saying that >> but minister do you believe that aboriginal title shouldn't can exist in conjunction with the fee simple title of individual homeowners >> through the chair I think that they have coexisted to date here in Canada uh without issue uh in Aboriginal title. So why are you on what basis are you appealing the couching decision then?

[00:01:16]uh through the chair. I I am not appealing the couch and decision personally. The government of Canada is appealing alongside the province of BC and the city of Richmond and several First Nations.

[00:01:27]>> Was that not the part of the decision that uh that that was made? Uh >> but was the part of the decision that that led to the appeal not the fact that the judge ruled that Aboriginal title is existing in conjunction with fe simple title on the private property of homeowners >> through the chair. So to be very clear, I'm here to talk about the budget estimates for housing, infrastructure and communities department. Uh this >> it's a simple it's a simple question.

[00:01:54]Minister >> a legal question which I think should be addressed to the minister of justice uh first and foremost as the uh Canada's uh authority on this. I mean this is a >> the member is not sticking to the subject at hand. Uh there is a subject matter before the committee. I give quite a bit of latitude, but if we could stick to the uh to do the main estimates, >> while we're talking about you got uh build more Canadian homes on your laptop there, uh Minister, um do you acknowledge that the couching decision has created uncertainty for homeowners in BC?

[00:02:36]>> Through the chair, I think the uncertainty is is being whipped up by uh by some of the members around this committee table. So you believe it's unjustified unjustified uncertain?

[00:02:47]>> It is unjustified uh given there has been no conflict uh to date with respect to private property created by agreements with indigenous nations.

[00:02:56]>> Then why are you appealing the couchin decision if it's not a big deal?

[00:02:59]>> Again through the chair I am not appealing the couchin.

[00:03:02]>> Why is your government appealing?

[00:03:03]>> The government of Canada is appealing and you can ask the minister of justice if you want a rationale. It's it is well documented.

[00:03:10]>> So you don't think Okay. So that's fine.

[00:03:12]So you you believe that on the appeal it doesn't really matter whether we win or lose as far as it concerns individual homeowners. You believe there's no threat to their private property to their title irrespective of what happens on the appeal >> through the chair. Again we're here to talk about budget estimates for my house housing and infrastructure. Uh and I think what is beneficial for all Canadians is clarity on the decision uh that was made uh by uh the BC Supreme Court. that is uh what is being sought in terms of the appeal.

[00:03:44]>> Okay. So you're just looking for clarity then um >> rather than misinformation and fear-mongering which is very I asked you for clarity about if you believed Aboriginal title should be able to coexist with fe simple title and it would be nice to get clarity from you minister about what your government's position is on that because it was my understanding is that's why you were appealing the couchin ruling and uh on one hand you stand up and make >> state point of order >> uh chair the minister has been clear that he is not appealing and uh it is the government of Canada that is appealing.

[00:04:16]>> Thank you. That's correct. Uh Mr. Gun.

[00:04:22]>> Uh okay. So I mean there's we asked for clarity. I would love some clarity myself. Is there a particular reason why in subsequent agreements with First Nations including the Musquum agreement in Vancouver, you did not enshrine explicit protections for private property owners >> through the chair. Um it's my understanding the Musky agreement has nothing to do with rights and title. uh and certainly has nothing to do with housing and infrastructure.

[00:04:47]>> Well, there's certainly nothing in there about private property. I think that was the point that I was that I was making.

[00:04:52]Um Minister, I mean, it's hard to get it.

[00:04:57]There's a bit of confusion about why you're appealing the decision. Your government's appealing the decision, of course. Um do you acknowledge that if you create uncertainty around private property and fee simple title you can undermine the property value of individual homeowners >> uh through the chair the reason uh as stated uh by the minister of justice uh the government of Canada's appealing is to get clarity uh with respect to the BC Supreme Court ruling uh the government disagrees with the ruling uh and certainly I I will say Many of us disagree with the uh uncertainty that's being whipped up uh by um the member and some of his colleagues uh trying to turn this into a into a very difficult situation when uh what we need is clarity from the courts.

[00:05:48]>> Thank you. Lose the time.