Mr. Speaker, I would like to use my time today to speak about the recent agreements that Canada signed with the Musqueam nation. These agreements build on the Constitution Act, 1982, the direction provided by the courts over the last several decades and efforts of indigenous groups over many years to have their rights recognized and upheld by the Crown. To understand these agreements, it is helpful to begin with the Constitution.
Section 35 of the Constitution Act, 1982 states that “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.” It reflects Parliament's recognition that indigenous nations will become partners in Confederation based on fair and just reconciliation between indigenous peoples and the Crown. Existing aboriginal and treaty rights include rights defined under historical or modern treaties and the asserted aboriginal rights and title of indigenous nations with claims to land that remain unresolved.
Indigenous nations have rights and title within their territory that are recognized and affirmed by section 35 of the Constitution Act, 1982. Section 35 recognizes what first nations have always known, that they have aboriginal rights. However, acknowledging aboriginal rights is not the same as defining those rights. General recognition that a first nation has aboriginal title acknowledges a legal and historical fact. That recognition also creates an important and respectful starting point for the negotiation of agreements to address their claims. General recognition of aboriginal rights, including title, is often included in agreements negotiated between governments and indigenous nations, including both treaties and incremental non-treaty agreements.
Agreements such as the Musqueam Rights Recognition Agreement contain general recognition and do not create a legal interest in any specific lands. Specific recognition of aboriginal title means that an indigenous group has aboriginal title to specific lands, including a legal ownership interest based on their historical use and occupation of those lands. This type of recognition can happen either as part of an agreement negotiated between governments and indigenous nations or as a result of a court decision in an aboriginal title case such as in the Cowichan and Tsilhqot’in cases. Quite simply, this agreement does not create aboriginal rights for Musqueam. It does not define the nature or scope of their aboriginal rights. It simply acknowledges that Musqueam have aboriginal rights including aboriginal title somewhere, not throughout, within their entire traditional territory. Most important, it sets out a process for discussion about how and where those rights might be implemented in the future. To use the analogy of a tool box, general recognition of aboriginal rights through the Musqueam Rights Recognition Agreement is like agreeing that a tool box exists. What it does not do is decide how the tools will be used or which tools will be needed. Those are questions that will be worked through later, together, through discussion and negotiation.
Moreover, the Musqueam Rights Recognition Agreement does not impact third party interests, including private property. It does not impact the rights of other first nations. It does not impact or alter the jurisdiction of federal, provincial or local governments. No decision-making powers about lands, waters or resources are transferred through these agreements. The Musqueam agreement does not mention private property because private property was never on the negotiating table in the first place. There has been a lot of commentary regarding these agreements. Canadians place great value on private property and also recognize the importance of advancing reconciliation with indigenous people.
Given the importance of advancing reconciliation with first nations and the need for clarity as Canada strengthens its economy, it is critical that we are clear about what these agreements are and what they are not. To that end, I would emphasize that private property is firmly under the jurisdiction of provincial governments. It cannot be negotiated away from provinces or Canadians without their consent and it is not something the federal government can alter through this type of agreement. The Government of Canada respects both existing private property interests and constitutionally protected indigenous rights within the federal government's areas of responsibility. The Musqueam people have clearly stated that they have no intention of pursuing private property through this agreement.
If I may quote Musqueam chief Wayne Sparrow, he said, ”Our approach to traditional unceded territory is one of partnership and relationship with our neighbours, not trying to take away our neighbours' private property.”
Treaties and other agreements, such as the one with Musqueam, allow government to advance reconciliation and address indigenous rights and title through dialogue and co-operation while protecting private property and providing certainty for all Canadians. The Musqueam Rights Recognition Agreement provides a path forward to address Musqueam's rights and title collaboratively and avoid the uncertainty and high costs of pursuing litigation in the courts.
Canada has consistently stated that the best way to resolve outstanding claims is to work together in partnership through co-operative negotiations and respectful dialogue, not through litigation. The litigation of land claims often involves unpredictable outcomes and significant costs for provincial, territorial and federal governments, and Canadians. Negotiated agreements provide an alternative that supports clarity and stability around the exercise of aboriginal rights.
Agreements like the Musqueam agreement are about creating certainty and predictability, predictability for investors, for major projects, for private landowners, for indigenous groups and for all Canadians. By negotiating agreements such as this one, Canada is taking a responsible approach to resolving outstanding claims, including through its work with Musqueam. In so doing, we are able to advance the resolution of long-standing disputes about land and rights in ways that respect the rights of indigenous peoples, uphold existing private property rights and reflect the best interests of all Canadians.
This approach supports a stronger and more unified Canada, where private property and indigenous rights are respected together.