Racist but unenforceable clauses in some B.C. land covenants bar residents of 'African or Asiatic descent'
There are growing calls to proactively scrub racist language from restrictive land covenants in British Columbia, including clauses that once barred people "of African or Asiatic descent" from living on certain properties.
Changes to provincial legislation rendered those clauses unenforceable decades ago, but the language remains on some covenant documents, as one homeowner in West Vancouver was recently horrified to discover.
Michele Tung was asked to submit the restrictive covenant for her property to the district while applying for a building permit, and learned that Black and Asian people were once prohibited from living there, "except servants of the occupier of the premises."
"I was shocked and appalled," Tung told CTV News on Monday. "It feels awful, and I don't want our children's children, or someone else's children to one day have to see this language."
The homeowner created a Change.org petition demanding that the outdated covenants be addressed once and for all, and has already collected more than 1,500 signatures.
The petition notes that West Vancouver council vowed to work with the provincial government to have the language removed back in January 2020, but there has been little discernable progress since.
"There's a way to learn from this," Tung said. "I believe in learning from the past. But to continue having this process where I need to submit a racist document for a permit application, in this day and age, is wrong."
Being forced to track the covenant down and provide it to the district was "humiliating and offensive,” she added.
Contacted for comment, a spokesperson for the District of West Vancouver stressed that land titles are ultimately the purview of the province, not municipalities, but said staff are preparing a report on potential actions that can be undertaken locally.
That report is expected to be delivered to council this spring.
"These covenants are found in many municipalities, and this is a widespread issue," Donna Powers told CTV News in an email. "West Vancouver is looking into how it can best lobby other levels of government to implement a process for removal."
Even though the covenants are no longer legally recognized, Powers said they are "deeply upsetting as a reminder of this country's racist past" and should be addressed.
Tung said the troubling responses she's received from some of her neighbours since launching her petition have only strengthened her resolve. That includes a social media post telling her that "no one cares about what race you are" and that she should "get a life."
"There's been blowback with people saying, 'What's the problem? Suck it up,'" Tung said. "There is something deeply wrong with this."
According to B.C. Land Title and Survey, discriminatory covenants restricting the ownership and use of certain properties were still being drafted as recently as the 1950s.
They were voided with changes to the Land Title Act in 1978, but remain on the records.
Under the Torrens system of land registration used in the province, the registrar "must maintain a complete and unabridged record of dealings with land since the title’s origin and hence is not authorized to alter land title documents," according to the BCLTS website.
"The registrar is only authorized to ‘strike through’ the offending covenant on title upon request from an owner without a fee, or on the registrar’s own initiative."
With more than two million active land titles across the province, the Land Title and Survey Authority "relies on the assistance of homeowners, local governments and property professionals to identify any remaining land titles that are affected."
Property owners can flag racist language and request a strikethrough either by email or letter.
For Tung, striking out discriminatory clauses, leaving them visible to future generations, isn't enough.
"For me, this issue is very clear," she said. "It's wrong to have this language."
CTVNews.ca Top Stories
A 'tragedy that can't be measured': North Bay's forever chemical problem is also the rest of Canada's
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
Bouchard lifts Edmonton Oilers to 4-3 overtime win over Canucks in Game 2
Evan Bouchard scored 5:38 into overtime and the Edmonton Oilers bounced back for a 4-3 win over the Vancouver Canucks in the second round of the Stanley Cup playoffs on Friday.
Spectacular aurora light show to be seen across Canada Friday night
A rare and severe solar storm is expected to bring spectacular displays of the northern lights, also known as aurora borealis, across much of Canada and parts of the United States on Friday night.
Town of Fort Nelson, B.C., ordered to evacuate due to wildfire
The entire town of Fort Nelson, B.C., as well as the nearby Fort Nelson First Nation, has been ordered to evacuate due to an out-of-control wildfire.
opinion How to use your credit card as a powerful wealth-building tool
Irresponsibly using a credit card can land you in financial trouble, but personal finance columnist Christopher Liew says when used properly, it can be a powerful wealth-building tool that can help grow your credit profile and create new opportunities.
McGill University seeks emergency injunction to dismantle pro-Palestinian encampment
McGill University has filed a request for an injunction to have the pro-Palestinian encampment removed from its campus.
Questlove was not happy with Drake and Kendrick Lamar's beef: 'Nobody won the war'
While some may have been excited and/or amused by the diss-track feud between Drake and Kendrick Lamar, the man many consider to be an elder statesman of hip-hop appears less than enthused about it.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.