‘Federal lawyers were hamstrung’: Conservatives target policy on Indigenous land claims

The federal Conservatives are pushing for a change in a policy that they say helped shape last summer’s controversial Cowichan ruling.

Federal Conservatives say they plan to introduce a motion to reverse a policy they argue contributed to a controversial court ruling granting Aboriginal title over land in Richmond, B.C.

The ruling, handed down last summer, recognized Aboriginal title for Cowichan Tribes over roughly 800 acres, including land with homes, farms and businesses. It is currently under appeal.

Speaking at a Richmond hotel, Conservative MPs said the decision has created financial uncertainty for some property owners and raised broader concerns about the economic impact.

“This has had adverse effect on our economy, on individuals, of course, but also on our economy,” said Langley Township–Fraser Heights MP Tako van Popta.

Andrew Scheer, house leader for the federal Conservatives, said his party believes federal lawyers were limited in how they argued the case.

“The Conservative party believes that the Liberals made a massive mistake when they ordered their government lawyers not to defend private property rights in this case,” Scheer said.

At the centre of the debate is Directive 14, a federal policy introduced in 2019. The policy guides how government lawyers handle Indigenous land claims, encouraging them to limit the use of legal technicalities and favour negotiation as part of reconciliation efforts.

The B.C. government has adopted a similar approach for its own lawyers.

Some legal experts say the directive influenced how the case was argued.

“The federal lawyers were hamstrung by this directive,” said Geoffrey Moyse, a King’s Counsel with more than three decades of experience in Indigenous law. “The idea behind it was that it was somehow offensive for the Crown to litigate against Aboriginal people, in various ways.”

But others dispute that claim.

“Directive 14 doesn’t have anything to say about private property rights,” said Bruce McIvor, a lawyer with First Peoples Law. “It’s disingenuous for the Conservatives to imply or state that it does.”

McIvor added that removing the directive could significantly shift how future cases are argued.

“So if the Conservatives were successful in removing directive 14, what they’ll have done is open the door for the extinguishment argument—the denial of Aboriginal title.”

The debate comes as broader provincial discussions around Indigenous rights continue to intensify. The Declaration on the Rights of Indigenous Peoples Act, known as DRIPA, has become a growing flashpoint in B.C. politics, with some Conservative figures calling for its repeal.

Scheer said the motion to reverse Directive 14 is expected to be introduced in the House of Commons on Monday.