Musqueam First Nation and Ottawa Sign Aboriginal Rights Agreements in Metro Vancouver

The Musqueam First Nation and the federal government have signed three agreements recognizing Aboriginal rights, including title, within the Musqueam's traditional territory in Metro Vancouver. The agreements, made public on February 20, 2025, also increase the Musqueam's roles in fisheries management, joint stewardship, and marine emergency response.

According to government statements, the first agreement provides general recognition that the Musqueam have Aboriginal rights and title within their territory, setting a framework for incremental implementation and establishing a nation-to-nation relationship with Canada. The Musqueam traditional territory encompasses a substantial portion of Greater Vancouver, including areas in Vancouver, the North Shore, Richmond, Burnaby, and parts of Delta and Surrey. There is significant overlap with other First Nations, notably the Squamish and Tsleil-Waututh.

The federal government clarified that the agreements do not affect privately owned land. A spokesperson for Crown-Indigenous Relations Canada stated, “The Incremental Recognition Agreement provides general recognition that Musqueam has Aboriginal rights and title within their Territory and establishes a framework for ongoing discussions and future negotiations to define how and where those rights and title could apply.”

Chief Wayne Sparrow of the Musqueam Indian Band emphasized that the agreements exclude private properties. “It does not include third party, it does not include land,” Sparrow told Global News. He explained that existing agreements with the government and with the MST Development Corporation pertain only to Crown land and do not extend to private holdings. In a statement posted to the Musqueam’s website, Sparrow said, “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.”

The rights recognition agreement, a 31-page document, outlines the Musqueam’s traditional territory, describes efforts to have title recognized, details harms from colonial structures, and sets out guidelines for negotiations, including the principle that Musqueam has rights and title within its territory. It also includes provisions for dispute resolution and a process for incremental agreements, which can be reached, paused, or terminated.

A second agreement establishes a joint working group between the Musqueam and the Canadian Coast Guard to protect and manage the waters and resources within Musqueam territory, with a focus on marine emergency management. The third agreement grants the First Nation shared decision-making over fisheries within Musqueam territory, as well as funding for fishing vessels and equipment. Fisheries Minister Joanne Thompson stated that the fisheries arrangement would protect Musqueam fisheries for future generations.

Rebecca Alty, minister of Crown-Indigenous Relations, described the agreements as “important step forward in our nation-to-nation relationship with Musqueam,” adding that they “honour Musqueam’s Aboriginal rights while strengthening the foundation of our collaborative working relationship.”

The agreements come at a time of heightened public attention to Aboriginal title in British Columbia, following a 2023 B.C. Supreme Court decision recognizing Cowichan Tribes’ Aboriginal title over more than 5.7 square kilometres of land in Richmond, an area that included privately owned properties. The Cowichan Tribes have stated they do not intend to displace private owners or invalidate existing fee-simple title, and both the Cowichan Nation and the province are appealing the decision. Both parties have clarified that neither is seeking to invalidate private title through negotiation or appeal.

A separate ruling by the B.C. Supreme Court in September 2023, concerning the Haida Nation’s title over Haida Gwaii, upheld an agreement allowing Aboriginal and private property rights to coexist.

Thomas Isaac, chair of the Aboriginal law group at Cassels Brock & Blackwell LLP, described the Musqueam agreements as “an acknowledgment of rights and title within a very large area of the Lower Mainland that includes waterways.” He expressed concern about the process, stating, “It’s, and I’ll say it again, absolutely unacceptable that public democratic governments are entering into agreements acknowledging Aboriginal title in any form when it’s an exclusive right to land, according to the Supreme Court of Canada, without consulting in some way with their constituency, which is the public.” Isaac argued that such agreements should be more transparent and involve public consultation, stating the current approach does not advance reconciliation or economic stability.

Dwight Newman, a law professor at the University of Saskatchewan, observed that the agreements do not recognize title over all of Metro Vancouver but acknowledge Aboriginal title somewhere within the region. Newman noted that while the federal government cannot transfer private land, these agreements could facilitate the transfer of federally owned lands. He also commented that the government should improve communication about such agreements with the public.

B.C. Premier David Eby stated that he had not been briefed on the agreements but acknowledged the necessity of such negotiations, as required by courts and the Constitution. Eby emphasized the need for better public understanding of these processes.

The Musqueam Band, which has 1,435 members, has previously used the courts to assert Aboriginal rights to land in the Lower Mainland. In 2008, the Musqueam secured a significant agreement with the province involving the University of British Columbia golf course lands, neighbouring parcels, the River Rock Casino lands, and a compensation package that was estimated to be worth $250 million. The Musqueam formed the MST Development Corporation in 2014 with the Squamish and Tsleil-Waututh, which owns or co-owns six major properties in Vancouver, West Vancouver, and Burnaby, valued collectively at over $2 billion. Most of these lands were formerly held by federal or provincial authorities.

In February 2025, the Musqueam signed a confidential deal with the federal government to share lease revenue from the Vancouver International Airport, which is located on traditional Musqueam territory.

The federal government did not disclose whether financial compensation is attached to the new agreements. The agreements collectively represent a step towards “incremental implementation” of constitutionally protected Aboriginal rights and a framework for future negotiations. The government has stated its preference for resolving outstanding claims through cooperative negotiation and dialogue rather than litigation.

These agreements are set against the backdrop of British Columbia’s ongoing reconciliation process, recent court decisions affirming Aboriginal rights and title, and public debate over the implications for private property and economic stability. The Musqueam leadership has repeatedly stated its approach is rooted in partnership and relationship-building rather than litigation or efforts to displace property owners.