B.C. Premier David Eby said he is still waiting for the federal government to explain the agreement and what it might mean in B.C.CHAD HIPOLITO/The Canadian Press
The federal government has reached three agreements with the Musqueam First Nation acknowledging the existence of Aboriginal title within a territory that encompasses the western half of the densely populated Lower Mainland, and promising to incorporate the nation’s stewardship over land and resources.
Concern over the agreement was raised in the legislature this week after new details emerged about the deal, which was announced in a news release on Feb. 20.
The text of the rights recognition agreement, which runs 30 pages, was not released in February when the deal was signed. It does not reference private property, an issue of acute public interest since the B.C. Supreme Court ruled in a separate case last August known as the Cowichan decision. It stated that Aboriginal title is a “prior and senior right” to land, over and above the “fee simple” title that private landholders have.
The Musqueam’s traditional territories span approximately 533,000 hectares, including much of modern-day Vancouver, Burnaby, Richmond and Delta.
The federal government and the Musqueam maintain the agreements will not affect private property rights. But a leading expert in Aboriginal litigation, Thomas Isaac, said the agreements are so vague, those assurances ring hollow.
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In a statement on Monday, the Musqueam acknowledged that its new agreements are stirring up attention due to the Cowichan decision.
“These agreements do not relate to land ownership and there are absolutely no impacts to fee simple lands/private property,” the statement from the nation said. “We recognize how impactful the Cowichan judgement has been on everyone.”
The statement quoted Musqueam Chief Wayne Sparrow from remarks he made in December, when he said “Musqueam is not coming for anyone’s private property.”
On Tuesday, B.C. Premier David Eby said he is still waiting for Ottawa to explain the Musqueam agreement and what it might mean in B.C.
The Premier told reporters he has not been briefed about the details two weeks after the agreement was signed at an event Mr. Eby attended.
“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.
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He said he sat in the front row for the signing ceremony at the invitation of Musqueam Chief Wayne Sparrow, but was not provided with the text of the agreement.
B.C.’s official Opposition said the deal puts private property rights at risk. Trevor Halford, the Conservative’s interim leader, accused Mr. Eby of misleading British Columbians about his knowledge of what was signed.
“So we are to believe that the Premier of this province just randomly walked into a signing ceremony and had zero idea what was going on. Give me an absolute break,” Mr. Halford said.
A spokesperson for Crown-Indigenous Relations and Northern Affairs Canada said the deal creates a path forward to negotiate Musqueam’s rights and title, rather than pursuing litigation in the courts.
“The recently signed Musqueam agreements do not affect private property. Suggestions otherwise are false,” Pascal Laplante said.
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Mr. Isaac of Cassels Brock & Blackwell LLP said the agreements do not explicitly provide private landowners assurance that their fee simple titles are secure.
“To say Aboriginal title is acknowledged within the territory is obviously a very vague statement, so to say that private property is not affected by the agreement is not accurate,” he said. “What is accurate is that we don’t know if the agreement affects private property, because the agreement doesn’t set out where within the Musqueam-asserted territory that the Musqueam hold title.”
The other two agreements establish a working group to incorporate Musqueam stewardship over water and resources within the nation’s territory, and a collaborative fisheries management plan that includes federal funding for access, vessels and gear. Federal officials did not provide a price tag for the agreement.
The rights recognition agreement says its purpose is to recognize Musqueam’s rights and title within Musqueam territory. The details will be worked out 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 cooperative federalism.”
In a statement at the time of the signing, the Musqueam called the agreements “a pivotal advancement in the relationship between the Musqueam and the federal government, paving the way for greater self-determination and involvement in the management of natural resources within their traditional territories.”
Speaking to reporters on Monday, Mr. Eby said he was supportive of the federal government’s work on reconciliation, but said Ottawa should have provided more clarity about what it was doing with the Musqueam.
“I think the lesson the federal government is learning over the weekend is that there is a heightened environment for these conversations and these agreements right now, and they have to go above and beyond,“ he said.
He acknowledged his government’s record on communicating its reconciliation agenda is also spotty.
“It is the lesson that the provincial government is in no position to lecture people on. We’re doing our own work to make sure we’re bringing people along on this as well, and we’ll be engaging with the feds to understand the implications of the decision for the provincial government, while recognizing the importance of this work.”