Conservatives' private property protection motion defeated

The Conservative Party of Canada’s motion calling on the federal government to strengthen private property protections was defeated in the House of Commons Monday by a vote of 199 to 139.

The motion came amid uncertainty surrounding the potential impacts of Aboriginal title court cases, such as the Cowichan Decision in British Columbia.

The motion argued that this case, and others like it, fuelled doubt around the veracity of fee simple property ownership — the legal framework most Canadians use to own homes and land — and warned it could impact home values, mortgages, and future development projects.

The motion called on the federal government to prioritize private property rights in the Cowichan case, replace Litigation Guideline #14 in the federal government’s Directive on Civil Litigation Involving Indigenous Peoples, ensure future agreements with First Nations include explicit protections for fee simple property owners, publish a plan within 30 days outlining how affected Canadians would be protected, and create a special parliamentary committee to study legal and constitutional options related to property rights in Canada.

In April, Conservative Leader Pierre Poilievre appointed BC MP Tako Van Popta to lead a task force focused on private property rights following the Cowichan Decision.

Speaking in the House of Commons earlier this month, MP Tako Van Popta said the ruling had “created massive uncertainty around fee simple property” and argued it could impact confidence in real estate and development projects.

Cowichan Tribes representatives have previously said they are not seeking to remove private homeowners from their properties or invalidate existing titles.

The defeat of the motion means the proposed measures and committee will not move forward in parliament.