What šxʷq̓ʷal̕təl̕tən Rights Recognition Agreement Means and Covers
Dear Musqueam Community,
For close to ten years, Musqueam has been working on a brand-new type of agreement with the Government of Canada that focuses on how to recognize and implement Musqueam’s inherent rights. The šxʷq̓ʷal̕təl̕tən Rights Recognition Agreement is also known as the “Framework Agreement” within our community because that is essentially what it is – an agreed upon framework for how Musqueam and Canada plan to recognize aspects of our rights in a gradual way. The agreement acknowledges that ongoing work is needed and this is just the beginning.
Since contact, our ancestors fought to protect our right to live on and travel throughout our lands and waters without control or restriction, and to use and benefit from the resources of our territory. As a reminder, Musqueam was one of the first communities to join the BC treaty process in 1993. We left treaty negotiations by the end of the 1990s, when we realized it was not the right approach for Musqueam. In 2017, Musqueam and Canada started down this particular path towards rights recognition and a Framework Agreement after we pulled out of the TMX judicial review.
Over the last 9 years of negotiations, we have hosted a number of community information sessions, engagement sessions and dinners to help keep members informed and answer questions, including the most recent event on February 12 where Wendy John and other negotiators walked members through each of the agreements.
šxʷq̓ʷal̕təl̕tən Rights Recognition Agreement
The šxʷq̓ʷal̕təl̕tən Rights Recognition Agreement was signed on February 20, and is shared in full on the Government of Canada’s website. We want to highlight two sections that are important for members to understand about what the agreement does and does not include:
Section 5.1: This Agreement does not constitute a treaty or land claims agreement within the meaning of sections 25 or 35 of the Constitution Act, 1982.
This is important because it relates to how this agreement is setting out a framework for negotiation but is not assigning land title over private property (fee simple land) in Musqueam’s unceded territory. Musqueam is not using this agreement to go after private property.
Section 5.10: Nothing in this Agreement recognizes any Rights and Title for any Aboriginal people other than Musqueam or affects any Rights and Title of such other Aboriginal people.
We understand that other First Nations, including our relatives from Squamish Nation, have voiced their concern over these agreements. This section specifies the agreement does not impact other Indigenous communities. We hope to meet with our relatives in Squamish in the coming days to discuss the agreement and we continue to have good working relationships as part of MST.
xʷməθkʷəy̓əm Stewardship & Marine Management Agreement and xʷməθkʷəy̓əm Fisheries Agreement
Two other agreements were signed on February 20 that sit under the Rights Recognition Agreement framework. These agreements are also important to Musqueam and the broader community to ensure the long-term sustainability of our marine resources.
The xʷməθkʷəy̓əm Fisheries Agreement recognizes the need for a new approach to fisheries management to address the cumulative impacts of industrial development, habitat loss, and climate change. The agreement reflects Musqueam’s long-standing environmental stewardship responsibilities and the important role that Musqueam knowledge and governance play in protecting fisheries in our territory.
Through this agreement, Musqueam’s traditional and ecological knowledge will help guide conservation priorities and fisheries practices, including recommendations on species management, harvesting methods, gear types, and seasonal timing. The agreement also supports the continued work of the Musqueam Fisheries Commission to advance Musqueam jurisdiction and authority related to our proven Aboriginal right to fish.
While not all initial goals were achieved in this phase, the Commission’s guidance has led to positive outcomes, with community access to fisheries remaining a key priority. This phase strengthens Musqueam’s technical and biological capacity through investments in training, vessels, and gear, supporting our continued stewardship and management of fisheries resources.
The xʷməθkʷəy̓əm Stewardship and Marine Management Agreement acknowledges the importance of protecting, enhancing and restoring the land and marine ecosystems within our territory. This agreement lays out how Musqueam and the Government of Canada can build capacity for marine incident preparedness and response to support the entire community in the event of a major emergency.
Council also acknowledges how tough it has been this week to see the negativity and racism that has come from misrepresentation and misunderstanding. While we recognize that false information about Musqueam claiming private property created unnecessary anxiety in people, there is never a place for racism.
We want our community to know we have also received many positive comments and public support. Musqueam has chosen a different path to pursue negotiated agreements with governments.
This is a new way forward and charting the course can be a lonely road, but we are confident this is the right path forward for Musqueam. These agreements set us up for continued dialogue and can become a model for other First Nations to follow. We have a history of setting precedent, and these agreements are our next step.
We encourage community to read the agreements in full and to reach out if you have questions so that we can continue to help you understand what this means for Musqueam. Our approach to these agreements and future conversations continues to be through collaboration and building ongoing relationships.
hay ce:p q̓ə,
Musqueam Chief & Council
