People toss roses into the Fraser River to mark the National Day of Awareness for Missing and Murdered Indigenous Women, Girls, and Two-Spirited people, at the Musqueam Nation in Vancouver.DARRYL DYCK/The Canadian Press
The Musqueam First Nation’s agreement with Ottawa to advance the nation’s rights and title over an area that spans the western half of Greater Vancouver will force Canada to grapple with overlapping Indigenous claims, the boundaries of civic governance, and the principles of co-operative federalism.
The deal acknowledges the existence of constitutionally protected Aboriginal title and creates a framework to implement Musqueam’s rights and title in their traditional territory. It is accompanied by two other agreements that create a framework for shared decision-making over fisheries, marine stewardship and land use. Just where that title will be recognized, and what rights will be affirmed, are yet to be negotiated.
Overlapping land claims
The Musqueam’s traditional territory has overlapping and shared territories with its First Nation neighbours, the Kwikwetlem, Squamish, Tsawwassen and Tsleil-Waututh, according to the BC Treaty Commission. A BC Supreme Court ruling last August adds Vancouver Island’s Cowichan Tribes to the list. The court awarded Aboriginal title to the Cowichan for a portion of the city of Richmond. The Musqueam are appealing that decision.
The agreement between the Musqueam and Ottawa on Feb. 20 says the pact does not recognize any rights and title for any Aboriginal people other than Musqueam, and does not affect any rights and title of other nations.
“Canada would also fulfill its duty to consult with neighbouring First Nations, if required,” Pascal Laplante, a spokesperson for Crown-Indigenous Relations, said Wednesday.
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But the chair of the Squamish Nation Council, Sxwíxwtn (Wilson Williams), said his nation is “deeply concerned” that Musqueam may be negotiating for lands that fall within Squamish traditional territories.
“Let us be clear: The Squamish Nation government will defend and uphold our inherent Aboriginal rights and title. Any implication that another Nation’s agreement could extend into Squamish Territory will be challenged,” Mr. Williams said in a statement.
“Squamish Nation was not consulted or meaningfully engaged by the federal government prior to the announcement of these agreements. We have formally requested an urgent meeting with federal officials to obtain full transparency on the agreements, including their scope, intent and any implications for our territory and interests.”
Municipalities concerned
The Musqueam’s traditional territories span approximately 533,000 hectares, including much of modern-day Vancouver, Burnaby, Richmond and Delta.
The city of Richmond is already embroiled in a legal challenge to the Cowichan decision, which declared Aboriginal title over a parcel of land in the southeast of the city. The judgment also established a precedent that Aboriginal title is a “prior and senior right” to land, over and above the “fee simple” title that private landholders have.
Richmond Mayor Malcolm Brodie said Wednesday he is alarmed that the federal government has negotiated in secret with the Musqueam, adding another layer of uncertainty for residents and businesses in his city.
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“We were completely taken by surprise,” he said in an interview. The mayor will be asking for another meeting with Rebecca Alty, federal Minister of Crown-Indigenous Relations, who recently sat in his office to discuss Cowichan but gave no hint that there was a deal with Musqueam in the works.
As a former lawyer, Mr. Brodie said the agreement itself is “bewildering.” Although it runs 30 pages, the objectives and parameters are ambiguous, he said. Both Ottawa and Musqueam say private land is not on the table, but that is not spelled out in the terms.
“Reconciliation has to be an open process and transparent and accountable process, and it also has to exclude private property and so I’m looking forward to the parties putting it in writing,” Mr. Brodie said.
‘Co-operative federalism’ without the province
Ottawa’s rights recognition agreement with Musqueam promises to work out specifics through an “ongoing process that will be pursued through a nation-to-nation relationship between Musqueam and Canada where future phases are aligned in the spirit of co-operative federalism.”
That spirit of collaboration between the federal and provincial government has not been a feature of negotiations to date.
B.C. Premier David Eby said he was invited to the signing ceremony by the chief of the Musqueam but was not provided with a text of the agreement and is still waiting for a briefing from Ottawa two weeks after the deal was signed.
“I received no briefings about the content of this agreement, no heads-up from the federal government,” Mr. Eby told the legislature during Question Period on Tuesday.
However he said the work of reconciliation is important: “I look forward to learning more about what the federal government’s been doing here.”