Dear Editor,
[RE: LETTER: Not elected to spread fear, May 14, www.mapleridgenews.com]
Patricia Dawson is correct that Section 35 of the Constitution Act recognizes and affirms Aboriginal rights and title.
However, British Columbians are rightly concerned about the unprecedented legal uncertainty created by the recent Cowichan decision and the Liberal government’s continued failure to clearly defend private property rights. In fact, the Liberals have continuously directed government lawyers not to argue in favour of private property rights.
This is not “fear-mongering.” It is acknowledging a serious issue that deserves open debate.
Never before has a Canadian court ruled that Aboriginal title has prior and senior rights over existing fee-simple private property.
Canadians need to know that they own their property. Full stop.
Conservatives support practical reconciliation based on negotiated agreements, economic opportunity, and respect for the rule of law. The government is allowing legal ambiguity to grow and is not providing certainty to homeowners, farmers, businesses, and municipalities.
That is why Conservatives recently brought forward a motion in Parliament calling on the federal government to explicitly affirm that Canadians’ homes, farms, and private property rights will remain protected and cannot be undermined by drifting federal policy or legal interpretation. Instead of providing that assurance, the Liberal government dismissed legitimate public concerns.
Ms. Dawson states that Aboriginal title and fee-simple interests can “co-exist.”
Canadians hope that is true. But co-existence requires certainty, transparency, and clearly defined limits, not political avoidance.
When people have invested their life savings into homes and property, they should never be told simply to trust that future court rulings or government negotiations will not affect their rights.
Canadians can support reconciliation while also insisting that private property rights remain secure and clearly protected under Canadian law.
Marc Dalton, Pitt Meadows-Maple Ridge MP
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MORE: B.C. watches as Canada’s Supreme Court declines New Brunswick Aboriginal title appeal