OTTAWA — The Liberal government is responding to a letter from Conservative Leader Pierre Poilievre, who urged them to challenge a recent Indigenous land-claims ruling from British Columbia. Poilievre's letter, sent to Justice Minister Sean Fraser, called for the federal government to argue against the B.C. Supreme Court's decision in the Cowichan Tribes v. Canada case. He claimed the ruling threatens property rights nationwide and is causing investment to decline.

Jeremy Bellefeuille, a spokesperson for Fraser, noted that the government had already appealed the decision three weeks prior. "Mr. Poilievre’s a little late to the game," Bellefeuille said.

In his letter, Poilievre expressed concern that the ruling is creating uncertainty for businesses and homeowners. He stated, "(The ruling) is already causing investment to flee, with businesses and homeowners facing difficulties as funders have major concerns about the uncertainty this situation has created."

Crown-Indigenous Relations Minister Rebecca Alty confirmed that the federal government filed an appeal on September 8. "Canada disagrees with this court decision. Further legal clarity is required to address its potentially significant nationwide implications, particularly relating to private property rights," Alty said.

The B.C. government, the City of Richmond, the Vancouver Port Authority, and two coastal First Nations groups are also appealing the ruling. On August 7, the court determined that the Cowichan Tribes hold Aboriginal title and fishing rights over nearly 2,000 acres of ancestral land in B.C.'s Lower Mainland, which includes private property.

Poilievre criticized the court's ruling, stating that it misinterpreted property rights. He urged the federal government to present legal arguments at the appeal level to overturn the decision.

Dwight Newman, a law professor at the University of Saskatchewan, noted that some legal experts have criticized government lawyers for not mounting a stronger defense in court. He remarked, "(Poilievre’s) letter doesn’t state specifically what arguments should be put forward, but there’s been some critique that the federal and provincial governments ended up not pursuing all of the arguments that they conceivably could have put forward."

Newman pointed out that defense lawyers did not address whether Aboriginal title was "extinguished" when private ownership was established in the 1800s. He added that it is "unusual" for a sitting federal justice minister to publicly outline specific arguments for government lawyers.

He also highlighted a disconnect between the government’s public legal stance and the arguments they pursue in court. For example, he referenced the ongoing case regarding Quebec’s use of the notwithstanding clause to protect its 2019 secularism law.

The B.C. Court of Appeal has not yet scheduled a hearing date for the Cowichan Tribes case.