Conservative MP introduces motion demanding 'explicit private property protection' in future agreements with First Nations

Conservative MP Jamie Schmale has placed a motion on notice in the House of Commons calling on the federal government to take stronger action to protect private property rights in Canada.

The move comes amid ongoing uncertainty surrounding the implications of recent court decisions on land rights.

The motion focuses on the Cowichan Decision and the subsequent Musqueam Rights Recognition Agreement. It argues that these developments have created “massive uncertainty” around fee simple property rights — the legal basis on which Canadians and businesses own their homes and land.

The motion states that the Cowichan Decision is already impacting home values and the financing of projects, while the Musqueam agreement has “deepened uncertainty” and set a dangerous precedent.

It also criticizes the Attorney General’s Directive on Civil Litigation Involving Indigenous Peoples, specifically Litigation Guideline 14, which it says discourages government lawyers from using all available arguments to defend private property rights.

The motion primarily calls on the government to put private property first in the Cowichan case and argue that it has priority over other title claims. It aims to do this by replacing Litigation Guideline #14 with one that requires the federal government to aggressively defend property rights in all litigation. It also seeks to ensure that all future agreements with First Nations include explicit protections for fee simple property rights.

If passed, the government would publish a plan within 30 days to protect property rights for Canadians affected by the Cowichan decision and Musqueam agreement, including specific commitments and timelines, and appoint a special committee to study all legal, constitutional, and political steps that can be taken to protect private property rights in Canada.

The proposed committee would be composed of 10 members (five government, four official opposition, one Bloc Québécois) and would be required to hold at least 12 meetings and present an interim report before June 19, 2026.

For the motion to proceed, it must first be selected through the House of Commons’ private members’ business draw. Only a limited number of motions are chosen for debate and a potential vote each session. If selected, the motion would then be debated in the House before MPs vote on whether to adopt it.