(first published in the Niagara Independent)

Most Canadians are at least vaguely aware that there are some pretty big issues taking place in British Columbia right now regarding First Nations’ land claims and private property rights. This author recently spoke with Bruce Pardy, a Professor of Law at Queen’s University and Executive Director of Rights Probe, who has become somewhat of an expert on the B.C. property rights issue. Although I believed that this was an important issue, not just in B.C. but which could have impacts across Canada, I became much more concerned after speaking with Mr. Pardy. So should you. 

The whole matter of property rights and how they are treated in Canada dates back to the adoption of a new Constitution for Canada in 1982 by the Pierre Trudeau government and provincial premiers of that era. While early drafts of the Charter of Rights and Freedoms did contain provisions protecting private property rights, this was eventually removed from the final Charter as provincial governments were concerned about this hampering their ability to regulate land use, environmental policy and resources. Although private property rights did not end up being protected, Indigenous treaty rights were officially recognized and affirmed in the Charter. This set the stage for the big mess we see unfolding today. 

To complicate matters further, in 2007 the United Nations adopted UNDRIP – the United Nations Declaration on the Rights of Indigenous Peoples, which enshrined many different rights for indigenous people and potentially was at odds with other legal regimes in various countries. Canada initially did not sign on to UNDRIP but changed its tune several years later. As UNDRIP was not a legally binding directive, many commentators wrote it off as unimportant, and merely something that a number of countries agreed to in principle but did not intend to follow in practice. 

In the case of Canada, UNDRIP became much more serious in 2019, when B.C. passed the declaration into law as the Declaration of on the Rights of Indigenous People (DRIPA). This is a classic ruse of leftist influences – introduce something “non-binding” and therefore harmless so no one pays much attention to it, then push for it to become mandatory. UNDRIP is a classic case of this happening. Following that, Canada’s federal Liberal government put UNDRIP into law in 2021, creating even more property rights confusion.  

The first real legal test of these issues concerned the archipelago of Haida Gwaii in B.C. The B.C. Supreme Court recognized aboriginal title to Haida Gwaii in 2025. This meant that property of about 100 million acres came under Haida ownership, although there were also private property rights in question within this area. This was supposedly established under a framework where existing private property rights and local government jurisdictions coexist with this title. However, First Nations treaties are fundamentally at odds with private property rights, so the true legal status is unclear. 

The next court decision that raised eyebrows was the B.C. Supreme Court decision in 2025 that the Cowichan Nation holds title to an area of land which includes Richmond B.C., an area encompassing many homes and businesses where residents believed their private property rights were unassailable. The very notion that the property rights of people in this area were in question meant that mortgages became difficult to renew, insurance matters were under scrutiny and people who thought they owned their property justifiably panicked. 

Most recently, the federal government weighed in with their agreement with the Musqueam First Nation that recognized their title to much of the land on which Vancouver sits. The federal government has downplayed the impact of their agreement, but the reality is that the legal situation is very much up in the air. While some legal experts claim that these agreements should not affect private property, others believe they create an immense legal problem. 

Right now, some of these decisions will surely be appealed, with most of them likely ending up in the Supreme Court of Canada. It is unpredictable how the Supreme Court will react, as past decisions have often indicated a preference for First Nations’ claims. What is certain at this point is that most Canadians, if not all, should be incensed at their governments’ irresponsible actions to greatly confuse this issue, presumably because of ideological biases of leftist governments. To make matters worse, both the B.C. and federal Liberal government were very secretive about how they were conducting these issues, announcing agreements before anyone else even knew negotiations were happening. This is not just a B.C. issue, as precedents set there could well be used in other provinces. 

Canada has a very high rate of home ownership, somewhere in the neighbourhood of 70 per cent. It will surely come as a giant shock to many Canadians that there could be some question about their home or business property they believed they owned. There was absolutely no good reason this mess and confusion had to occur – it was totally created by irresponsible governments that may not have understood the Pandora’s Box they were opening. More Canadians need to be aware of this worrisome situation and express their opposition to their elected representatives. It’s time to get very mad, Canadians, about a fundamental principle – property rights – that governments should never have toyed with in the first place.

Catherine Swift

Catherine Swift is President of the Coalition of Concerned Manufacturers & Businesses of Canada (CCMBC). She was previously President of Working Canadians from 2015-2021 & President & CEO of the Canadian Federation of Independent Business (CFIB) from 1995-2014. She was Chief Economist of the CFIB from 1987-1995, Senior Economist with TD Bank from 1983-1987 & held several positions with the federal government from 1976-1983.

She has published numerous articles in journals, magazines & other media on issues such as free trade, finance, entrepreneurship & women business owners. Ms. Swift is a past President of the Empire Club of Canada, a former Director of the CD Howe Institute, the Canadian Youth Business Foundation, SOS Children’s Villages, past President of the International Small Business Congress and current Director of the Fraser Institute. She was cited in 2003 & 2012 as one of the most powerful women in Canada by the Women’s Executive Network & is a recipient of the Queen’s Silver & Gold Jubilee medals.

She has an Honours BA and MA in Economics.

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