BC Conservative MLA slams NDP’s ‘ideological’ decision not to seek extinguishment in Aboriginal title ruling

In a recent interview with NowMedia, BC Conservative MLA Scott McInnis voiced strong criticism of the provincial NDP government's approach to Indigenous reconciliation, particularly in light of a controversial BC Supreme Court ruling on Aboriginal title over private lands in Richmond.

McInnis, who serves as the Shadow Minister for Indigenous Relations and Reconciliation, said the NDP's refusal to argue extinguishment in court is a deliberate ideological move that undermines private property security.

"The government has this tool in the toolbox to argue extinguishment of Aboriginal title when fee simple land was granted," McInnis said. "But they are making the ideological decision not to do that, which just creates more uncertainty for not only the people on the Fraser River in Richmond, but across the province as well."

McInnis argued that the ruling also creates widespread uncertainty for property owners and investors across British Columbia.

The ruling stems from a case involving the Cowichan Tribe, where the court determined that Aboriginal title can coexist with private property rights.

This decision has raised questions about property ownership, as it potentially nullifies certain private titles without the government invoking the legal defense of extinguishment, where Crown-granted fee-simple land is argued to have extinguished prior Aboriginal claims.

The case, which also involves overlapping claims from the Tsawwassen and Musqueam First Nations, is expected to be appealed and could reach the Supreme Court of Canada.

McInnis warned that the ruling has cast a "cloud" over affected properties.

"If you're a private property owner, specifically in Richmond or somewhere else in BC, this has really thrown a cloud over the actual ownership rights that you have over your private property," McInnis stated.

He added that property devaluation is a short-term risk, noting, "You can almost guarantee that this decision because there isn't a stay put on the decision you can reasonably expect that there'll be a devaluation of that property."

McInnis further criticized the potential broader economic impacts he claimed were linked to the uncertainty to capital flight from BC's resource sector.

"These rushed land use planning agreements and other arrangements that this government has done has created tremendous uncertainty for industry partners across British Columbia," he said. "Capital [is] fleeing British Columbia at an astonishing rate, and a lot of these question marks around jurisdiction over the land base only adds to that uncertainty."

McInnis said the ruling highlights ongoing tensions in BC's reconciliation efforts, including the implementation of the Declaration on the Rights of Indigenous Peoples Act (DRIPA), based on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

McInnis argued DRIPA has been misapplied and is fueling division.

"Opposing or questioning the DRIPA legislation is not anti-reconciliation,” McInnis said.

“This government has done a really good job in its messaging of combining the two and saying that reconciliation is the Declaration of the Rights of Indigenous Peoples Act in their quest, ideologically, for reconciliation based on it's their way or the highway."

Additionally, McInnis claimed the government was taking a secretive approach to negotiations, citing the delayed incorporation of Okanagan Falls as a municipality. Residents voted to incorporate, but the process stalled due to undisclosed concessions demanded by the Osoyoos Indian Band.

"This is being held up in negotiation between the provincial government and the Osoyoos Indian Band with a list of concessions. Most certainly the people of Okanagan Falls were not made aware of this," he said. "This doesn't fall on the plate or is not the fault of the Osoyoos Indian Band. This is the fault of this policy and this framework that the government has put in place."

The interview also touched on federal involvement, with McInnis expressing confusion over why the case falls under the Transport Ministry rather than Crown-Indigenous Relations.

McInnis urged the public to stay informed, echoing concerns from legal expert Geoff Moyse, who appeared in a prior NowMedia interview.

The NDP has appealed the Richmond ruling, but details on their strategy remain unclear.