Land back

The reality that Canadians have no constitutional right to own property came screaming into the homes of people living in Richmond recently.

A BC court ruled that houses, parks, schools, roads and commercial properties sprawled across that city are actually owned by the Cowichan Nation. Not the dudes on title. The upshot was a communal freakout, followed by a public meeting in which the temperature shot into the ozone and stayed there.

Because few actually know what the hell this ruling means, most everyone fears the worst.

And behind the issue of this single ruling is, yes, the fact Canada has no private property rights (unlike the USA). We used to. Prime Minister Diefenbaker gave them to us. Pierre Trudeau nullified them with his Charter. Mulroney tried to reinstate them through the Charlottetown Accord. But Canadians voted that constitutional deal down because it also recognized Quebec as a distinct society. But then Harper and Parliament bestowed that right on Quebeckers. And lost in the shuffle was your right to have dominion over your own driveway. So there ya go. This begat the Richmond nightmare.

First, let’s state the obvious. This blog is no expert in land claims, land settlements or the legal standing of ancient treaties and their modern interpretation. But it’s safe to say to people living in that city which embraces the Vancouver airport that no tribal members will be coming to kick you out.

Nothing is simple here. The Cowichan Nation inhabited that area since the mists of time, first documented by the Hudson’s Bay Company in 1824 when agents came across a big village on the Fraser River. Its existence was noted as the Canada-US boundary was being laid out, but in 1863 Colonel Richard Moody, the Chief Commissioner of Lands, not only failed to recognize the village as a Cowichan reserve but subsequently claimed title to 125 acres covertly.

Moody sold the property to offshore interests. Through non-payment of taxes it came to be owned by the City of Richmond, which then sold off parcels to private owners, builders, developers and businesses.

The Cowichan Nation fought back. The dispute has been ongoing since 1878, and only in 2025 did they gain what they see as a just outcome. Meanwhile nobody – indigenous or not – can blame the people who bought, financed and now live upon that dirt. It’s a mess.

What next?

First, it’s important to know the Cowichan Nation did not take legal action against homeowners. It sued the feds, the province and the municipality. The court ruled transfers of deeds over the decades were invalid or illegal. The Crown screwed up since 1878. The province was a willing partner in approving sales of land that was in dispute.

But the judgment does not mean deeds for private properties are now duds. The Cowichan Nation did not go after property titles. They remain valid. Mortgage lenders and insurance companies will not have a cow. The court says the status quo remains until negotiation sorts things out – in other words, how much money governments will be handing over. Besides, the entire ruling has been paused for the next year and a half until agreements are reached.

No deeds are voided. No lands will be lost to current owners. No drastic property devaluations should take place. No financing will be abrogated. Aboriginal title, the court said, can exist alongside private ownership.

This was the longest trial in Canadian history, and it took about 150 years for the issue to get before a judge. Without doubt, it will be a precedent for future cases, decisions, rulings and landowner panic. Unknown is how much this will all cost taxpayers, since we’re already struggling with a monstrous federal deficit and growing national debt.

At the heart is the reality you may have a deed to your house, but you don’t really own it. You can buy it, finance it, live there and sell the property to the next guy. But he won’t own it either.

Canadians themselves are the architects of this omission.

On October 26, 1993 in a national referendum citizens voted 54.3% against accepting a constitutional amendment that would have given us the right to own property. As a crusading MP, I was responsible for having that change put before you. And I’m still miffed.

About the picture: “Here is a pic of my dog , Sasquatch,” writes Amandeep. “My faithful dog, and fellow hiker. He saved me from getting lost on way back from Allouette Mountain. I was tired and it was a hike that is over 22 k and 1100 meters if elevation gain. On the way back, I could not figure out if I needed to go left or right at a junction. I took left and Sasquatch stayed put. He sat down , looked right a few times and signalled, you are wrong bro, I peed here to mark the direction. Safe to say, I got home safely, however wet and tired . The picture is from the hike.”

To be in touch or send a picture of your beast, email to ‘garth@garth.ca’.

Source: https://www.greaterfool.ca/2025/11/16/land-back/