Looking across from land in which private property rights are allegedly threatened, to a slow moving river and the distant shore
Indigenous Nations, Politics

Fact-Checking MP Aaron Gunn: Are Private Property Rights Actually at Risk?

In the most recent round of a social media war of his own making, MP Aaron Gunn makes the misleading claim that the government is sending homeowners letters that their property may now belong to First Nations. 

His statement is based on a notification that the city of Richmond sent out to property owners within the boundaries of the old Cowichan summer village of TI’uqtinus, in October 2025. 

To put this in context: the land should have been made into a reserve. Instead senior colonial officials ignored their government’s instructions to protect the settlement and purchased it themselves in a series of transactions between 1871 and 1914. After a lengthy lawsuit, the Supreme Court of British Columbia restored title to the 800 of the village’s original 1,846 acres ‘over which they have proven sufficient and exclusive occupation.’ 

No private property rights within the claim area are known to effected

Private Property Rights Unaffected

In her reasons for judgement, Justice Young wrote, “The Cowichan have not made a claim for return of land from non-parties, and the property rights of the private landowners are not undermined.”

While the decision is under appeal, the private ownership question is not. 

A UBC study recently declared the court’s finding ‘does not put private property rights at risk.’

“The Cowichan decision confirms that our existing constitutional framework provides an opportunity for the Crown and First Nations to remedy dishonourable conduct and achieve justice and reconciliation by negotiating mutually beneficial solutions with Cowichan and others.” 

Earlier this month, the Cowichan Nation and provincial government issued a joint statement that, “Both parties are also proceeding with their appeals to the British Columbia Court of Appeal. For transparency, neither the Cowichan Nation nor British Columbia are seeking to invalidate any privately held fee simple titles on the Cowichan Title Lands through the negotiation or appeal processes.” 

Aaron Gunn’s Latest Social Media War

These statements are not sufficent for Mr Gunn, who initiated his latest social media campaign by declaring, “If the federal government truly believes in the private property rights of Canadians, they should probably stop opening every public meeting by proclaiming the gathering on the ‘unceded territory’ of this or that First Nation. Doing so reinforces the radical and dangerous legal concept that most Canadians live on ‘stolen land.’ This is Canada. One country. For all Canadians.”

In response, the Chiefs of the Klahoose, Homalco, K’omoks and Tla’amin First Nations pointed out, “Land acknowledgements have never seized private property, cancelled a mortgage, repossessed a pickup truck, or altered a single title deed anywhere in Canada. They are simply people recognizing the history of the place where they are standing. No one is going anywhere. Canada will survive the brief moment of honesty.”

To which Gunn replied, in another Facebook post, “It’s unfortunate to see a number of bands making light of what is an extremely divisive time in our politics. For the first time in our history, homeowners are receiving official letters from the government informing them that their home may no longer belong to them. This is not hyperbole; it’s real, and as a Member of Parliament, it is my duty to stand up for my constituents and their rights.”

Richmond’s Notification

The city of Richmond did notify landowners that their property rights may be affected by the ongoing legalities. However Richmond was one of the defendants in this case and, according to Justice Young’s Reasons for Judgement, made inflammatory statements:

“Richmond’s submission that a declaration of Aboriginal title will destroy the land title system and the LTA (Land Title Act), wreak economic havoc and harm every resident in British Columbia is not a reasoned analysis on the evidence. It inflames and incites rather than grapples with the evidence and scope of the claim in this case.”

No Known Threat to Private Property Rights

There has been no indication that the Cowichan Nation seeks to acquire private properties. In fact, they have issued repeated statements to the contrary.

Furthermore, there is no modern legal precedent in Canada for a court stripping a private homeowner of their land to satisfy an Aboriginal title claim. The conflict is almost always between the First Nation and the Government (The Crown).

Links of Interest:

Top image credit: Richmond dike by Waferboard via Flickr (CC BY SA 2.0)

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