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The homeowner created a Change.org petition demanding that the outdated covenants be addressed once and for all, and has already collected more than 1,500 signatures.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
B.C. child killer's lawyer walks out of review hearing
The lawyer representing child-killer Allan Schoenborn walked out of his client's annual review hearing Wednesday – abruptly ending proceedings marked by tense exchanges and several outbursts.
Why drivers in Ontario, Quebec and Atlantic Canada will see a gas price spike, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
How to avoid the trap of becoming 'house poor'
The journey to home ownership can be exciting, but personal finance columnist Christopher Liew warns about the trappings of becoming 'house poor' -- where an overwhelming portion of your income is devoured by housing costs. Liew offers some practical strategies to maintain better financial health while owning a home.
It's the biggest election in history. Here's why few Indians in Canada will take part
In the Indian general election that gets underway on Friday, almost a billion people are eligible to vote, but a vast majority of the overseas Indian community in Canada won't be casting a ballot.
McDonald's customers left with 'zero value' collection of free hot drink stickers after company ends program
It took years for Vinnie Deluca to collect more than 400 cards worth of free McDonald's McCafe coffee, a collection that now has "zero value" after the company discontinued the program.
Juror dismissed in Trump hush money trial as prosecutors ask for former president to face contempt
Prosecutors in the hush money trial of Donald Trump asked Thursday for the former president to be held in contempt and fined because of seven social media posts that they said violated a judge's gag order barring him from attacking witnesses.
Toxic forever chemicals in drinking water: Is Canada doing enough?
As the United States sets its first national limits on toxic forever chemicals in drinking water, researchers say Canada is lagging when it comes to regulations.
Where did the gold go? Crime expert weighs in on unfolding Pearson airport heist investigation
Almost 7,000 bars of pure gold were stolen from Pearson International Airport exactly one year ago during an elaborate heist, but so far only a tiny fraction of that stolen loot has been found.