Land Claims History
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Date






The Early History and Colonial Periods

Event

Pre-1797

Musqueam people used and occupied their traditional territory for several thousand years.

1791 Narvaez explores Gulf of Georgia under Commander Eliaz for the Spanish.
1792 Spanish and British ships – under Captain George Vancouver – enter Burrard Inlet.
1808
Simon Fraser at Musqueam village. Records it as ‘Misqiame’.

1827

Hudson’s Bay Company Fort established at Fort Langley. First reference made in Fort Langley Journal to Musqueam trading fish and furs.

1859 Indian villages and Indian “huts” identified at other locations including Jericho; at Terra Nova on the North West coast of Lulu Island; on Sea Island across from Terra Nova; and on Sea Island near the North Arm of the Fraser across from the Musqueam village.

1870 Musqueam Reserve (IR) #2 surveyed.

1871-99 CONFEDERATION

1874 Ottawa offers reserves 80 acres a family. BC refuses. Musqueam Reserve is too small an allotment. Does not meet 20 acres per family standard. Request to enlarge reserve is declined. Only new reserves are subject to 20-acres/head grant.

1876 1) Order-in-Council established Indian Reserve Commission. 2) The Indian Act is introduced, followed by the establishment of the Department of Indian Affairs. 3) Musqueam Reserve confirmed by Commission, but not adequate in size or meeting government standards. 4) Report from Indian Reserve Commission: Muskweam reserve may be considerably increased by the reclamation of land from the sea.

1876 Musqueam Reserve (IR) #2 is confirmed and (IR) #3 is allotted.

1879 Musqueam Reserve (IR) #1 opposite New Westminster is confirmed. An addition of 60 acres to extend the Northern boundary of (IR) #2 is added and (IR) #2 is confirmed. Lots 8 & 9 Sea Island (IR) #3 allotted in 1876 is confirmed.

1888 Legislation first passed to limit fishing by Indian people. Fishing was and is the main economic activity of the Musqueam. Fishery Regulations – food fishing allowed but no sales or barter.

 

 

Twentieth Century

1976 Musqueam Declaration (June 10) is adopted and signed: We the Musqueam People openly and publicly affirm that we hold aboriginal title…”

1977 1) “XwMuzkWi’um: Musqueam Aboriginal Rights to the University Endowment Land,” published by the Musqueam Indian Band. 2) Provincial report on the future of UEL does not acknowledge Musqueam claim. 3) Presentation of Musqueam Declaration to Minister of Indian Affairs Warren Allmand.

1984 Musqueam Comprehensive Land Claim resubmitted, under revised federal policy. Government will not accept it for negotiations, due to extent of third party interests.
  Musqueam’s Guerin Case establishes Federal Government has fiduciary duty to Indians. Supreme Court of Canada also reaffirms that aboriginal interest in the land in BC is a “pre-existing legal right” derived from aboriginal practice and not from any British or Canadian action. In other words, the federal government must protect the interests of the aboriginal people, and aboriginal rights that existed before Canada became a country.

1987 1) Musqueam becomes aware of new plan to develop UEL for housing and a GVRD Park. Applies to court for injunction to prevent conveyance of lands and interference with aboriginal rights and title. 2) Injunction denied. Court suggests Musqueam be given timely notice of decisions to transfer land. Musqueam given permission to appeal.

1988 BC government announces its intention to transfer UEL to the Greater Vancouver Regional District for future park development, without advance notice to Musqueam. Federal Government reviewing Musqueam Land Claim.

1989

1)Feb.: BC Court of Appeal grants conditional restraining order to prevent conveyance of UEL to GVRD until appeal is heard.

2) April: GVRD agrees to accept the UEL from Province on condition that transfer is without prejudice to any claim the Musqueam may have. Restraining order is lifted. Province does not agree with this condition.

3) Province of BC and GVRD proceed to transfer UEL title, subject to conditions imposed by BC Court of Appeal decision and without prejudice to Musqueam Band’s claims to UEL.

1990 Musqueam’s Sparrow decision, Supreme Court of Canada, restates recognition of the aboriginal rights to land as traditional “British policy” in Canada, and was the first ruling of SCOC interpreting section 35 of the Constitution Act, 1982 as providing “a strong measure of protection “ for aboriginal rights. It also ruled that aboriginal and treaty rights are capable of evolving over time and must be interpreted in a generous, liberal manner.

1993 1) Dec. 15: Musqueam submission of Statement of Intent to BC Treaty Commission (BCTC). 2) Dec. 22: Musqueam Statement of Intent accepted by BCTC.

1994 1) Jan.: Musqueam Chief & Council, and Administration, designate the Musqueam Treaty Core Task Group to begin discussions on treaty issues and negotiations. 2) Feb. 17: First tripartite meeting with the Treaty Commission is held at the Musqueam Elders Centre.

1995

March 21: BCTC declares Musqueam ready to enter stage 3 Negotiations of a Framework agreement.

1) June 6: BCTC declares Canada ready to enter stage 3 negotiations with Musqueam. 2) June 21: BC submits readiness report to BCTC. 3) June 28: BCTC declared Musqueam Table ready to begin negotiations.

July 4: Tripartite Senior Negotiators Meeting, Musqueam Elders Centre.

Sept. 19: Musqueam Chief and Council meet with Vancouver Mayor and Councillors to discuss the agreement signed by the Province and municipalities related to treaty negations.

Nov. 17: Tripartite Senior Negotiators Meeting, Musqueam Elders Centre.

1996

April 18: 1) Open House, Musqueam Treaty Office, for Musqueam Community. 2) Family Group Dinner.

May 8: Open House, Musqueam Treaty Office, for Musqueam leaseholders.

   

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Chief Johnny and Chief Jack Stogan, c. 1913 (Photo: Royal BC Museum. BCPM. PN 12374)

Chief Johnny and Chief Jack Stogan, c. 1913

 

Chief Johnny, c. 1913-16 (BCPM. PN 6112)

Chief Johnny, c. 1913-16

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
 
Land Claims History