Conservative Rustad says private property rights, Indigenous title cannot coexist

VICTORIA — Conservative Party of B.C. Leader John Rustad says “Indigenous rights and private property rights cannot coexist” and called on the Supreme Court of Canada to resolve the conflict as soon as possible.

Rustad’s comments came Thursday after a B.C. Supreme Court judge determined last month that the Cowichan Tribes have the right to 7 1/2 square kilometres of land in Richmond, ruling that land titles granted by government, including private property, were invalid.

The City of Richmond, the province and the Musqueam First Nation have announced appeals of the decision, but Rustad said the Supreme Court of Canada needs to resolve the issue as quickly as possible through the reference procedure, which allows the federal government to ask the court to rule on foundational questions.

“Do private property rights extinguish Indigenous rights when it comes to title?” Rustad asked. “Do we protect private property rights in British Columbia? Do we protect those private property rights under the foundation of society?”

Rustad acknowledged that the alienation of Aboriginal title requires compensation, as per court rulings.

“There is negotiation that is needed, but you can’t have two codes,” he said.

Rustad said Canada’s constitution protects Aboriginal title, but not private property rights, creating unacceptable uncertainty for everybody involved, from private property owners to businesses, who are looking to invest their money in B.C.

Rustad, who was speaking at the Union of British Columbia Municipalities, said there’s a need for certainty to allow the province to grow its economy, to fix its record-setting deficit and to address various social challenges.

The Cowichan decision is going to impact all communities and they will need know what the rules are going to be, he said.

Former BC Green MLA Adam Olsen said Aboriginal title and private property rights “do exist and always have” since British Columbia has become a province. “Suggesting that they cannot is to neglect reality.”

Olsen added that it is “convenient” for Rustad to call on the Supreme Court to resolve this issue now.

“It’s inconvenient for the government to do that, because the issues will then have be confronted head on. The approach that the government has taken is to appeal (Cowichan Tribes), and it will take quite some time.”

Olsen added that the courts have been solving these disputes, while “pleading” with government to resolve Aboriginal title questions through negotiations.

“It only serves British Columbians to have a de-politicized process that is working toward that end,” he said.

Former Conservative MLA Elenore Sturko, meanwhile, questioned Rustad’s decision to spend so much of his speech on the Cowichan case.

Sturko, who watched Rustad’s speech from the front-row after being kicked out of caucus on Monday, said Rustad “spent virtually no time” on issues like public safety.

“That is not good leadership, that is not strong opposition,” she said.

Rustad told reporters after his speech to “watch” his party during the up-coming fall session.

Four MLAs have left the party under various circumstances in less than a year, but Rustad said the party is going to be “working extremely hard” during the up-coming legislative session to hold Premier David Eby’s government accountable.

Rustad said he has talked to all the other remaining 39 MLAs, and all of them have “one goal in mind,” which is to “end the destructive policies” of the current NDP government, which he accused of squandering B.C.’s heritage of natural resources and wasting money on things like joke writers.

The Conservative leader also said he’s reached out to the two Green members of the legislature to set up a meeting with newly elected BC Green Leader Emily Lowan to see where the parties might be able to work together.

Lowan, who also spoke at the convention on Thursday, said a wealth tax and a windfall profit tax would bring more money for social services and “ensure that the richest corporations and one per cent in B.C. are paying their fair share.”

Lowan’s speech came just a day after she became the party’s new leader, winning on the first ballot against Jonathan Kerr and Adam Bremner-Akins.

She said senior levels of government consistently tell municipalities there’s no money for social services, “yet when foreign, state-owned companies or American oligarchs want more subsidies for oil and gas projects, somehow there is always a couple of extra billion dollars between the couch cushions.”

Lowan said the province “has been downloading the costs of systemic social issues onto municipalities,” while privatizing social services and handing out subsidies to corporations.

Local governments at the convention have said businesses and the public in their communities are significantly impacted by homelessness, crime and the number of people living with mental health and addiction issues on their streets.

Lowan said the province “needs to step up with the funding” and step back on encroaching on local jurisdiction.

She said she’ll be happy to be a “thorn in the side of government when that is useful,” but also promises to be a facilitator and movement builder.

This report by The Canadian Press was first published Sept. 25, 2025.