Sḵwx̱wú7mesh Úxwumixw (Squamish Nation) council has vowed to defend its rights and title following an agreement between the xʷməθkʷəy̓əm (Musqueam) Indian Band and the Government of Canada that the Squamish Nation fears could infringe on its territory.
Last month, the federal government announced it signed three agreements with the Musqueam Indian Band regarding the first nation’s rights and roles in fisheries, stewardship and marine emergency management. The federal government said in the Feb. 20 release that the agreements represent a major step towards reconciliation.
However, a recent statement by the Squamish Nation's chairperson and council said they’re deeply concerned by public materials, including maps, that appear to show areas within the Nation’s traditional territory.
“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,” the March 6 statement read.
Council also said the Squamish Nation was not consulted or meaningfully engaged by the federal government before the announcement. The council has requested an “urgent” meeting with federal officials with full transparency on the agreements, including the intent, scope and any implications for Squamish territory and interests, the statement said.
In the statement, they said a comprehensive legal review of the agreements and its impacts is now underway.
“While the federal government has stated that this agreement does not affect the rights of other First Nations, we are independently verifying that claim and will take all necessary steps to protect Squamish Nation’s rights and title,” the statement said.
“Finally, it remains our hope that we will continue to maintain a positive relationship with our relatives at the Musqueam Indian Band,” the statement continues. “However, Squamish Nation will challenge any process or agreement that undermines or disregards our rights, title, or jurisdiction.”
The Musqueam Indian Band and federal government signed the šxʷq̓ʷal̕təl̕tən A Rights Recognition Agreement, xʷməθkʷəy̓əm Stewardship & Marine Management Agreement and the xʷməθkʷəy̓əm Fisheries Agreement.
According to a federal press release, the rights recognition agreement establishes a framework for incremental implementation of rights and relations with Canada. The other two agreements allow the Musqueam and federal government to share decision making in marine management and fisheries.
The recent agreements are topical after a B.C. Supreme Court ruling last year confirmed Aboriginal title on about 800 acres in south Richmond, raising concerns on what happens to private property on Aboriginal title land.
Earlier this month, the Musqueam nation said in a statement that the agreements don’t relate to land ownership and there are no impacts to fee simple lands or private property.
“Musqueam is not coming for anyone’s private property. Our approach to traditional unceded territory is one of partnership and relationship with our neighbours, not trying to take away our neighbours’ private property,” said Musqueam Chief Wayne Sparrow in the statement.
Dwight Newman, a law professor at the University of Saskatchewan, said the agreement doesn’t involve property or land transfers.
“That couldn’t be done via this agreement,” said Newman.
He said there might be federal recognition of Musqueam title to privately owned lands down the road, but that doesn’t mean people are losing private land.
“It would mean that the federal government is negotiating on that basis, and that the federal government might have to consult with the Musqueam on things that arise from uses of private lands,” he said.
Newman said until the province produces a similar agreement, there are fewer direct effects on private lands.
Newman said there could be legal issues with other First Nations.
“We might see a legal challenge to these agreements, if the Squamish put an argument that it has infringed upon Squamish rights or simply developed in a way that violated their right to be consulted,” he said.
Darwin Hanna, a UBC adjunct law professor and a lawyer who focuses on treaty negotiations and specific claims, said the current agreement doesn’t impact neighbouring first nations’ interests. However, future resulting agreements might.
“Those nations do have concerns and those are real concerns,” said Hanna. “They’ll have the process over time to address the overlapping interests. Just because the Government of Canada recognizes the title of Musqueam, it does not preclude the recognition of other nations to their rights and title to the same area.”
Overall, Hanna said the agreements can be a win-win for both the public and First Nations.
“It provides a means for nations to finally have their rights and title recognized through negotiated agreements, and it provides for real opportunities for nations to be more involved as they should be within their territory,” he said.
Abby Luciano is the Indigenous and civic affairs reporter for the North Shore News. This reporting beat is made possible by the Local Journalism Initiative.
