What the Musqueam rights recognition agreement means and what it doesn’t

A set of agreements signed last month between the federal government and the Musqueam Indian Band has sparked debate, confusion and political reaction across British Columbia.

Some social media posts have claimed the federal government “gave away” Vancouver to xʷməθkʷəy̓əm (Musqueam), while critics have raised concerns about private property rights and overlapping Indigenous territories.

The Feb. 20 agreements — which include a rights recognition agreement along with fisheries and marine stewardship agreements — outline a framework for how Musqueam rights may be recognized and implemented in the future.

Here is what is in the agreements and what they could mean.

The main document, known as the šxʷq̓ʷal̕təl̕tən - A Rights Recognition Agreement, formally acknowledges that Musqueam has unextinguished rights and title to its territory, and both the federal government and Musqueam are seeking a "new nation-to-nation, government-to-government relationship."

The agreement says its purpose is to recognize those rights, support reconciliation and establish a process for future negotiations between Canada and Musqueam.

Two additional agreements signed the same day deal with marine stewardship and fisheries management, and create a formal partnership between Musqueam and Canada to manage fisheries together.

In a news release Monday, Musqueam said the agreements support the nation's "long-established role as stewards of the Fraser River."

Federal officials and Musqueam leaders say the agreements do not affect private property rights.

Musqueam Chief yəχʷyaχʷələq Wayne Sparrow has previously said the nation is not seeking to take 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 nation said in a statement earlier this month.

The agreement says it does not constitute a treaty or land claims agreement and does not define or establish Aboriginal title.

Instead, it creates a framework for future discussions and negotiations between the federal government and Musqueam.

According to Darwin Hanna, a lawyer with the Vancouver-based firm Callison & Hanna that focuses on Indigenous rights, the agreement doesn't involve the transfer of private property — that would fall under provincial jurisdiction, not federal.