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Any land deals that result from a recently signed agreement between the Musqueam and Canada will not affect private property, or provincial or municipal lands, the First Nation says.

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“Because these discussions are between Musqueam and Canada, only federal Crown lands are ever considered for potential land transfers or other negotiations,” the Musqueam Indian Band said in written responses to Postmedia questions.

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The First Nation added that the rights recognition agreement signed on Feb. 20 does not provide the Musqueam legal title to land. It also noted that the agreements don’t constitute a treaty or land claims agreement.

But in an interview with CKNW Tuesday morning, Chief Wayne Sparrow appeared to say that municipal and private lands could be on the negotiating table within Musqueam territory, just not under the latest agreement.

Sparrow said the First Nation has Aboriginal title inside their territory and how they move forward on “third-party land, municipal land and everything” still needs to be resolved. But he said it’s the federal and provincial governments that have a duty to consult and make accommodations, not individual land owners.

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Nearly two weeks ago, the Musqueam signed three deals with Canada that recognize the First Nation’s Aboriginal rights and increase its role in fisheries and marine emergency management in an area that encompasses Greater Vancouver.

The agreements — which had gone largely unnoticed until last weekend — have garnered significant public interest, in part because of the precedent-setting B.C. Supreme Court ruling last year that granted the Cowichan Tribes Aboriginal title rights to about half the 7.5 square kilometres it had claimed, including over private properties in Richmond, including homes, farms and businesses.

Some observers have raised concerns, criticizing how the Musqueam–federal agreements were communicated or saying they would harm the economy or impact private land rights.

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Trevor Halford, interim leader of the B.C. Conservatives, said British Columbians are again being left in the dark after a significant federal agreement recognizing Aboriginal rights because there is no communication on how this will affect provincial jurisdiction, municipal authority, or economic development from David Eby’s NDP government.

Eby has said he was not briefed on the agreement but was at the signing ceremony as a local MLA, his office said.

The federal government released a copy of the agreement to Postmedia on Monday, which outlines the process, including a dispute resolution, under which incremental agreements can be reached, paused or terminated. Later, the federal government posted the agreement online.

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In a statement on Monday, Crown-Indigenous Relations Canada said the agreement provides general recognition the Musqueam have Aboriginal rights and title within their territory and established a framework for negotiations to define how and where those rights and title could apply.

The federal government said private lands are not covered by the agreement.

The Musqueam’s traditional territory encompasses a large area including Vancouver, the North Shore, Richmond, Burnaby, and parts of Delta and Surrey, and overlaps traditional territories of other First Nations including the Squamish and Tsleil-Waututh.

In its response to Postmedia, the Musqueam said as part of negotiations they have discussed with the federal government “fair processes” for return of federal lands to the First Nation.

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The Musqueam have inked deals for federal lands in the past. The former Jericho federal military lands in Point Grey were transferred to the Musqueam, Squamish and Tsleil-Waututh First Nations and the Canada Lands Company in 2014.

The Musqueam said the new agreements set out a 25-year period to explore how incremental implementation will work for the First Nation.

“The signing of these agreements is Phase 1 and is the beginning of exploring how the Crown can truly recognize Musqueam’s inherent rights in a way that is mutually respectful and beneficial. There are no set timelines — these agreements are living documents that will continue to be discussed, negotiated and evolve over time,” the First Nation said.

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The Musqueam said the agreements do come with some funding, for example, to help implement the stewardship and marine management agreement. The Musqueam also pointed to an agreement signed a year ago to share a “small” percentage of the revenue Ottawa receives from the ground lease of Vancouver International Airport.

The specific dollars amount remain confidential, said the First Nation.

Earlier, Sparrow, the Musqueam chief, had stated that the First Nation is not coming for anyone’s private land.

“Our approach to traditional unceded territory is one of partnership and relationship with our neighbours, not trying to take away our neighbours’ private property,” the chief has said.

The 31-page rights recognition agreement says its purpose is to recognize Musqueam rights and title within its territory, demonstrate progress in incrementally implementing rights and title and contribute to the implementation of the U.N. Declaration on the Rights of Indigenous Peoples, commonly referred to as UNDRIP.

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The agreement is also meant to provide a foundation for reconciliation and a mutually beneficial relationship taking into account Musqueam’s and Canada’s interests, and set out the process to facilitate incremental implementation agreements.

The agreement sets out a dispute resolution process that has stages, including mediation and arbitration.

The agreement also states the deal does not affect the rights and title of other Aboriginal people.

ghoekstra@postmedia.com

x.com/gordon_hoekstra

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