Canada signs Aboriginal rights, fishing and marine management agreements with Musqueam | CBC News
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The federal government has released details of recent agreements with the Musqueam Indian Band recognizing Aboriginal title over an area potentially covering much of Metro Vancouver.
The agreements do not have any effect on privately owned land, according to the government.
The office of Crown-Indigenous Relations Minister Rebecca Alty said in a statement the agreements instead provide “general recognition” of Musqueam Aboriginal rights and title within their traditional territory, while establishing a framework for future negotiations on “how and where those rights and title could apply.”
In addition to a 30-page rights recognition agreement, the ministry provided copies of a marine management agreement and a fisheries agreement with the band that were all struck last month.
The rights agreement says it does not “create, amend, establish, abrogate or derogate” from Musqueam title, nor does it constitute a treaty or land claim.
While the agreement does not include a map of the title area, it defines Musqueam territory as spanning from Harvey Creek in the Howe Sound east to Indian Arm and down to the Burrard Inlet and English Bay, all the way south to the Fraser River, encompassing much of Metro Vancouver.
CBC News has reached out to the Musqueam Indian Band for more detail on the area that is covered.
Accusations of secrecy
The agreements had been the subjects of accusations of government secrecy, and opposition Conservatives had called earlier Monday for the release of the documents so “Canadians can know what commitments their government has made behind closed doors.”
The rights agreement says the Musqueam have unextinguished rights and title in their territory, and that both the federal government and the Musqueam are seeking a “new nation-to-nation, government-to-government relationship.”
It says both parties intend for the agreement to contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, which Canada has endorsed.
In a news release Monday, Musqueam said the agreements support the nation’s “long-established role as stewards of the Fraser River and create work groups and advisory committees focused on important issues including emergency marine management, spill response, environmental protection and fisheries.”
The federal government released its statement about the agreement on Feb. 20.
Trevor Halford, interim leader of the Opposition B.C. Conservatives, was critical of the B.C. NDP government for a lack of communication about the agreement and potential ramifications.
B.C. Premier David Eby said at an unrelated event on Monday that he had not been briefed on the agreements, but he’s not surprised that the negotiations had taken place.
Eby’s office later clarified that the premier attended the signing ceremony as the local MLA on Feb. 20, the same day the federal government had announced the agreements in a news release.
“This was not done in secret,” said the statement from Eby’s office.
Eby’s office also said the Feb. 20 release recognized what courts “have long established, that aboriginal rights and title exist within First Nations’ traditional territories and it stated that the agreement establishes a framework for incremental implementation of rights.”
Not related to Cowichan decision
The nation distinguished the agreements from last summer’s Cowichan decision, saying Musqueam’s agreements “do not relate to land ownership and there are absolutely no impacts to fee simple lands/private property.”
In the Cowichan decision, a judge ruled that the Quw’utsun have Aboriginal title to between 300 and 325 hectares of land — including around 150 pieces of private property in Richmond, B.C.
The ruling has raised questions and concerns about how private property can co-exist with fee simple ownership, which is the legal name for private property title.
“We recognize how impactful the Cowichan judgement has been on everyone — including us,” Musqueam said in its statement, noting it is one of the groups appealing the ruling.
“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 nation said.