Question Period Note: Responding to the Kwikwetlem (Giesbrecht) Aboriginal rights and title litigation

N.A.

• We are aware of the Aboriginal title litigation filed by the Kwikwetlem (KWEE-KWUH-TLUM) in the Supreme Court of British Columbia.
• Canada is not involved, does not own or manage any of the lands at issue, and the plaintiffs do not seek any relief from Canada.
• The claim is in abeyance while a negotiation process led by the BC provincial government is ongoing.
• No trial date has been set.

This litigation was filed by Chief Ronald Giesbrecht on his own behalf and on behalf of all members of the Kwikwetlem First Nation against British Columbia, the Greater Vancouver Regional District, the British Columbia Housing Management Corporation, the Corporation of the City of Port Coquitlam, the Provincial Minister of Forests, Lands and Natural Resource Operations and the Provincial Rental Housing Corporation.
The Plaintiffs assert Aboriginal title to areas in Coquitlam that include the 244-acre Riverview grounds, Forensic Psychiatric Hospital Lands, Colony Farm Regional Park and part of Port Coquitlam's Gates Park.
The Plaintiffs claim that the Provincial government failed in their duty to consult and they assert that they had not been given an appropriate role in the historic development and the ongoing visioning process. Canada is not a named defendant, Canada does not own or manage any of the Claimed Lands, and the plaintiffs do not seek any relief from Canada. The Coquitlam Mayor has indicated publicly that the litigation only involves publicly-owned lands.
The Province of BC attempted to add Canada as a defendant or as a third party in 2019-2020. The Province’s applications to add Canada were ultimately dismissed by the BC Court of Appeal in August 2021, so Canada is not involved in the litigation.
The litigation is currently in abeyance as a negotiation process led by the provincial government is currently occurring. No trial date has been set.

If pressed on concerns of private landholders
• Our government is fully committed to preserving the reliability and certainty of private property rights in Canada.
• This case is distinct from the Cowichan decision, which Canada appealed on September 8th.
• The Coquitlam Mayor has indicated publicly that the litigation only involves publicly-owned lands.
• While Canada is not a party to this litigation, we will continue to work collaboratively with all parties to uphold the principles of reconciliation, transparency, and legal responsibility.
• We understand the concerns of local property owners and will continue pursuing legal clarity regarding Aboriginal title claims.