Landmark Agreements?
Happy Monday Morning!
While everyone was busy following the enormous geopolitical events unfolding in the middle east, a subtle news release from the Federal Government went largely unnoticed or perhaps intentionally burried, despite having (potentially) significant ramifications for nearly all of Metro Vancouver.
The Musqueam Indian Band and the Government of Canada signed a Rights Recognition Agreement where Canada recognizes Musqueam’s Aboriginal rights, including title, and sets up a framework to “incrementally” implement those rights through an ongoing nation-to-nation relationship.
In simpler terms, it means the federal government is formally acknowledging that Musqueam holds Aboriginal rights — including Aboriginal title on land — within its traditional territory and is committing to work out, step by step, how those rights will be put into practice. The agreement creates a structured framework for gradually implementing Musqueam’s authority in decision-making over much of the Lower Mainland’s lands and waters.
Their traditional territory includes the region’s mountainous, forested watershed that feed into Metro Vancouver’s drinking water reservoirs, as well as West Vancouver, North Vancouver City, North Vancouver District, Vancouver, the University of British Columbia, the University Endowment Lands, Burnaby, Port Moody, Anmore, Belcarra, Coquitlam, New Westminster, Richmond, Vancouver International Airport, the northern areas of Delta and Surrey, and the waterways. It overlaps with several other First Nations.
The announcement comes on the heels of increasing polarization, after the B.C. Supreme Court recognized Cowichan Aboriginal title over parts of Richmond and, in doing so, declared that historic Crown grants of fee simple and other interests can be an unjustified infringement of that title—even where today’s owners were never served or named in the case. The Court did not void private titles, but it held Aboriginal title is a “senior” interest that can burden the land and said key Land Title Act protections like indefeasibility don’t apply against it, while also suggesting Aboriginal title and fee simple can “co-exist” only in a limited, reconciled way where one must ultimately yield.
First Nations lawyer, Tom Isaac of Cassels argues the result is legal uncertainty: private owners may keep their registered titles, but the usual assumption of “clean, indefeasible” fee simple is weakened on lands found to overlap Aboriginal title, with governments now under a duty to negotiate a reconciliation framework, and ultimately leaving nearly 800 acres of land in Richmond illiquid and unsellable while this decision gets appealed in court.
The Cowichan ruling has become the biggest political hot button in the province, and will be front and center in the next provincial election. Given all of this, I have two questions.
Why is the Federal Government refusing to publicly release an agreement that could impact nearly two million people.
Why has no major mainstream media outlet covered this story?
Other than Daily Hive, as of Sunday evening, not one major news outlet has even reported this story, despite the government calling them “Landmark Agreements.”
No public consultation or documents provided, and no (state-funded) media coverage.
Until then, we have more questions than answers. A thought only more concerning when you consider the outcome of the Cowichan decision that left homeowers with no notice, no say, and no ability to defend their legal rights.
Time to track down who the Musqueam stole the lands from, and who THEY stole the lands from, and then who . . . Maybe the title will reach back to Adam and Eve, so everybody on earth will get a piece of the action.
Time to dump any property in BC. Best case looks like paying rent for your land to the local first nation. This is vote buying that is about to fall off a cliff. Now it is both the Federal and Provincial governments that are pushing these insane policies. If I was advising any company holding property in BC I would tell them to sell out if at all possible, certainly dont consider investing in BC.