6 days ago
Musqueam slam 'disappointing' ruling on rights and title, but Cowichan maintain it rights injustice
Social Sharing
The fallout from last week's B.C. Supreme Court ruling on a rights and title case that favoured the Cowichan Nation is continuing, with other Indigenous groups saying they are "devastated" by the decision and the province filing an appeal.
The Cowichan Nation, which consists of five First Nation communities on Vancouver Island — the Cowichan Tribes, Halalt, Lyackson, Penelakut and Stz'uminus — was successful in arguing they have a right to fish in the Fraser River, and that they have Aboriginal title to a parcel of land in Richmond, B.C.
But while Cowichan members are celebrating the historic win, other First Nation communities with traditional ties to the Fraser River voiced their disappointment, with legal counsel for the Musqueam and Tsawwassen First Nations reviewing the decision.
Chief Wayne Sparrow of the Musqueam said the decision was "surprising and disappointing," noting that the lands in question are "in the heart of [Musqueam] traditional territory."
"We have deep ties to that specific area," he said on CBC's The Early Edition on Tuesday.
Sparrow said Indigenous jurisdiction was being decided through colonial court systems and "now we have to review what our options are and how we move forward."
He says if you ask any First Nation in B.C.'s Lower Mainland, the Fraser River was not known as the Cowichan River prior to colonization, citing oral Musqueam history.
B.C. Attorney General Niki Sharma, also talking on the The Early Edition, said the province's particular concern with the ruling concerns its potential unintended impact on private land ownership.
She said her office is concerned that "innocent land purchasers" will face backlash from the ruling because the Cowichan Nation claimed private property in the case.
Sharma said "complicated law" comes into play when trying to resolve historic land disputes.
"We don't think the court got the right balance here," she said.
"There's always going to be ways that we need to resolve reconciliation with First Nations, and that this land across B.C. has many nations that have rights and title claims related to it.
"When we think the court didn't get the right balance with the law, it's our job to face that challenge in court."
But Robert Morales with the Cowichan Tribes said the ruling rectifies injustice.
Morales, who has been the chief negotiator of the Cowichan Tribes and Hul'qumi'num Treaty Group for 20 years, says 80-90 per cent of the Cowhican Nation's traditional territory was privatized and given away.
"I have been asking the government since the year 2000 to deal with the issue of . . . what are the remedies for the unlawful taking of our lands?"
"This is a historical grievance that needs to be resolved, we had no choice but to push this into a court case, hopefully this will motivate the government to actually take action."
He said "the nations are not seeking to displace private land owners, who own homes and properties through this process."
