“We, the {1,381} Musqueam people openly and publicly declare and affirm {to the 3 million people of the Vancouver Lower Mainland} that we hold aboriginal title to {your} land and ‘aboriginal rights’ to exercise use of {your} land, the sea and fresh waters, and all their resources within that territory occupied and used by our ancestors…” http://www.musqueam.bc.ca/sites/default/files/musqueam_declaration.pdf
“Vancouver city council formally acknowledged on June 25, 2014 that the land on which the city is built actually belongs to three local ‘First Nations’.
“But landowners shouldn’t worry, according to Mayor Gregor Robertson.”
Rather than accept the Mayor’s assurances, we at END RACE BASED LAW would like to ask: what exactly does “aboriginal title” mean? Does the city support this ‘First Nations’ definition:
“We are the true owners of British Columbia. The Indians across the province own everything — the rivers, the trees, the bugs, the animals. You name it. Subsurface rights, the air, the rain, the whole shot. That’s what we mean when we say we have aboriginal title to the land.”
–James Gosnell, Chairman, Nisga’a Tribal Council, 1984 {quoted in “Our home OR Native Land?” Melvin H. Smith, Crown Western, Victoria (1995)
FEATURE IMAGE: APTN
It should be noted that ‘aboriginal title’ was considered “extinguished” by successive B.C. governments for almost 150 years. Then, it suddenly made its reappearance when it was imposed on B.C. by an Ottawa-based Supreme Court, overturning what had been decided, over and over again, by not only B.C. courts, but former Supreme Courts and the British Privy Council. Some history for our City Council:
“In 1849, the Colony of Vancouver Island was established and a Royal grant of the Island was conveyed to the Hudson’s Bay Company… NO MENTION WAS MADE IN THE GRANT OF INDIAN TITLE.
“James Douglas, the Chief Factor for the Company was, in 1851, also appointed Governor of the Island colony. By instructions from his Company’s head office, Douglas was advised
“TO CONSIDER THE NATIVES AS THE RIGHTFUL POSSESSORS OF SUCH LANDS ONLY AS THEY OCCUPY BY CULTIVATION, OR HAD HOUSES BUILT ON, AT THE TIME WHEN THE ISLAND CAME UNDER THE UNDIVIDEDSOVEREIGNTY OF GREAT BRITAIN, IN 1846. ALL OTHER LAND IS TO BE REGARDED AS WASTE, AND APPLICABLE FOR THE PURPOSES OF CIVILIZATION.”
{Note that there is no mention of ‘sharing the land’ or ‘sharing resource revenues’ — and a strict repudiation of ‘aboriginal title’ to the land…}
“…Douglas went beyond his instructions {He was a Caribbean ‘half-breed’ who harboured sympathy for the aboriginals}, and began to purchase the “native interest” in certain lands around Victoria, Saanich, Fort Rupert and Nanaimo… THE AGREEMENTS PRESERVED TO THE INDIANS ONLY THEIR VILLAGE SITES AND FARMLANDS, AND PERMITTED THEM TO CONTINUE HUNTING AND FISHING IN UNOCCUPIED AREAS {Just like other Treaties in Canada}…
“Douglas’s requests to London for funds to enter into still more agreements of this kind were rebuffed, and he then discontinued the practice…
“As an alternative, Douglas embarked {on his own} on a vigorous policy of establishing Indian reserves. This…established a direction in ‘white-native’ relations…which is distinct from early government policy in the rest of Canada…
“By 1858, the province’s non-native population was swelling in the wake of a gold rush… Douglas, by now Governor of both the Island and Mainland colonies, responded by establishing Indian reserves.
Sir James Douglas, fur trader, governor of Vancouver Island 1851-64, of BC 1858-64. Born August 15, 1803 in Demerara, British Guiana; died August 2, 1877, Victoria, B.C.
“With input from the Indians, he allotted land for band villages, burial grounds, cultivation and hunting. Indians were also entitled to the free use of all unoccupied lands until taken up by settlers, by pre-emption or homesteading…
“In 1870, Joseph W. Trutch — then ‘Commissioner of Land and Works’ for the Colony, and Surveyor-General; later to become the first Lieutenant-Governor of the Province and one of the colony’s principal negotiators of the terms of British Columbia’s entry into Confederation in 1871 — reviewed and summed up the colonial Indian policy in this way:
“…the Government appears to me to have striven, to the extent of its power, to protect and befriend the Native race; and its declared policy has been that the aborigines should, in all material respects, be on the same footing in the eye of the law as people of European descent…
“This policy towards the Indians has been consistently carried out, so far as I am aware, by successive Governors, and under it the Indians have assuredly…’been made amenable to English laws’…
“The Indians have, in fact, been held to be the special wards of the Crown and, in the exercise of this guardianship, Government has — in all cases where it has been desirable for the interests of the Indians — set apart such portions of the Crown lands as were deemed proportionate to, and amply sufficient for, the requirements of each tribe; and these Indian Reserves are held by Government, in trust, for the exclusive use and benefit of the Indians resident thereon.
“But THE TITLE OF THE INDIANS IN…THE PUBLIC LANDS, OR OF ANY PORTION THEREOF, HAS NEVER BEEN ACKNOWLEDGED BY GOVERNMENT, BUT, ON THE CONTRARY, IS DISTINCTLY DENIED.
“In no case has any special arrangement been made with any of the tribes of the Mainland for the extinction of their claims of possession; but these claims have been held to have been fully satisfied by securing to each tribe – as the progress of the settlement of the country seemed to require – the use of sufficient tracts of land for their wants for agricultural and pastoral purposes.”
Joseph W. Trutch
“When B.C. entered Confederation in 1871, Ottawa assumed legislative responsibility for its “Indians, and Lands reserved for Indians” under the terms of the ‘British North America Act, 1867’…
“In sum, the expressed Constitutional obligation of the province was to provide lands for more reserves. NOTHING MORE. Any and all other constitutional obligations to the native people rested on Ottawa’s shoulders.
“NO MENTION WAS MADE IN THE TERMS OF UNION OF “INDIAN TITLE”. THIS WAS NO MERE OVERSIGHT…
“It is inconceivable that the question of Indian title — so fresh in the mind of federal authorities in 1870 in respect of Manitoba — would be overlooked only one year later when B.C.’s entry to Canada was under consideration… There was a recognition by federal authorities in 1871 that B.C. was dealing with the Indian matter differently, i.e. by the establishment of reserves. … “By the passage of ‘Order in Council PC,1265’, dated July 19, 1924, the federal government formally acknowledged that B.C. had satisfied all the obligations of ‘Article 13’ of the ‘Terms of Union’, respecting the furnishing of lands for Indian reserves…
“Such an acknowledgement by the federal government is support for the long-held provincial position that B.C. had fully discharged its obligations to its Indians…
“The Province considered the establishment of reserves to more than satisfy any claims which the Indians might have over their ‘traditional territories’ in British Columbia. Without question, in the minds of the provincial government of the day, and for many years subsequently, the aboriginal interest had been effectively dealt with.
Allied Indian Tribes council
“…a native political activist group called the ‘Allied Tribes’ was formed and, in 1920…Persistent lobbying succeeded in having a special ‘Joint Committee of Parliament’ struck to consider their demands.
“After hearing witnesses on all sides of the issue, THE COMMITTEE CONCLUDED UNANIMOUSLY
“THAT THE PETITIONERS HAVE NOT ESTABLISHED ANY CLAIM TO THE LANDS OF BRITISH COLUMBIA BASED ON ABORIGINAL OR OTHER TITLE”.
Premier Bill Bennett
More recently: “Stated Premier Bill Bennett in 1978:
“The provincial government does not recognize the existence of an unextinguished aboriginal title to lands in the province, nor does it recognize claims relating to aboriginal title which give rise to other interests in lands based on the traditional use and occupancy of land.
“The position of the province is that if any aboriginal title or interest may once have existed, that title or interest was extinguished prior to the union of British Columbia with Canada in 1871.“
British Columbia Chief Justice Allan McEachern
“On March 8, 1991, B.C. Chief Justice McEachern brought down his judgement in the ‘Delgamu’ukw’ case, which native aspirants had anticipated would settle once and for all the question of aboriginal title, inherent legislative jurisdiction and land ownership.
“Instead, The Chief Justice categorically dismissed such claims… The judgement reaffirmed what had been…the longstanding position of the province on land claims.”
“In his 1991 decision, the chief justice {of B.C.} upheld British Columbia’s position that extinguishment of aboriginal title had occurred through provincial policies of making fee-simple grants, and generally treating lands formerly inhabited by Indians as available for settlement…
“Indian title could be extinguished
‘by treaty, by the sword, by purchase, by the exercise of complete dominion adverse to the right of occupancy, or otherwise.’…”
–excerpts from “Our Home OR Native Land’, p.75-82 Melvin H. Smith, Crown Western, Victoria (1995)
◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊◊ In other words, ‘aboriginal title’ had been extinguished in British Columbia. This was the law until the Supreme Court of Canada imposed its ahistorical version of how things should have been — rather than how things actually were — when it overturned the B.C. judgement and opened the door wide for a billion-dollar, lawyer-driven, race law industry…
Now, Vancouver City Council has decided to side with eastern lawyers, in the name of ‘political correctness’ and against the history and best interests of the people of Vancouver and British Columbia, while admitting that there is no legal or constitutional point to what they are doing as a Council.
So, we must ask: Why does Vancouver City Council insist on rewriting history and backing those who threaten the future of British Columbia, and the property rights of all British Columbians?
And, again, we demand that Council define for the people of Vancouver – and explain the ramifications of — the ‘aboriginal title’ that they are endorsing or, failing that, withdraw this foolish and dangerous act of political symbolism…
‘STATUS OF TREATY NEGOTIATIONS’ “Stage 4: Advanced Negotiations.”
“Katzie’s five Indian Reserves are located within four different Metro Vancouver jurisdictions: Pitt Meadows, Maple Ridge, Township of Langley, and two Indian Reserves within Metro Vancouver’s Electoral Area ‘A’… The name “Katzie”, or “q‘eyts’i”, describes the action of a person’s foot pressing down on moss.”
Photo: MARIA RANTANEN – TIMES
KWANTLEN: A ‘nation’ of 267 people. (Part of ‘Sto:lo Tribal Council’).
“Kwantlen Traditional Territory extends from Mud Bay in Tsawwassen in the south; to the northern end of Stave Lake to the north; east to Mission, and west to New Westminster and areas of Richmond.” {Includes Surrey, Langley, Port Coquitlam and Abbotsford…} http://mapleridge.ca/DocumentCenter/View/3593
“Three of Kwantlen ‘First Nation’s six Indian Reserves are located within the Metro Vancouver region. The other reserves are located within the Fraser Valley Regional District including, Peckquaylis, a Reserve shared with Matsqui ‘First Nation’. The name “Kwantlen” translates into “tireless runners”. Kwantlen ‘First Nation’ is affiliated with the ‘Sto:lo Tribal Council’.”
‘STATUS OF TREATY NEGOTIATIONS’ “Sto:lo Negotiations, Stage 4: Currently not negotiating.”
KWIKWETLEM: A ‘nation’ of 95 people.
“The Kwikwetlem ‘First Nation’ has filed an ‘aboriginal title’ claim for a small but highly significant portion of its {claimed} ‘traditional territory’ that includes the Riverview Hospital and Forensic Psychiatric Hospital lands, as well as Colony Farm Regional Park and part of Gates Park in Port Coquitlam.
“Kwikwetlem has two Indian Reserves: Coquitlam I.R. No. 1 is located in Coquitlam, at the mouth of Coquitlam River, where it drains into the Fraser River; and Coquitlam I.R. No. 2 is located further up the Coquitlam River in Port Coquitlam. The name “Kwikwetlem” means “red fish up the river”.
‘STATUS OF TREATY NEGOTIATIONS’ “Not in the BC Treaty Process.”
MATSQUI: A ‘nation’ of 264 people. (Part of Sto:lo ‘Nation’)
“Matsqui ‘First Nation’ has a total of four reserves as well as another shared with Kwantlen ‘First Nation’, but only one is located within Metro Vancouver: Matsqui I.R. No. 4 in the Township of Langley, where a majority of the members live. The name “Matsqui” translates into “easy portage” or “easy travelling”. Matsqui ‘First Nation’ is affiliated with the Sto:lo ‘Nation’, an alliance of 11 ‘First Nation’ communities in the Fraser Valley.”
‘STATUS OF TREATY NEGOTIATIONS’ “Sto:lo Negotiations, Stage 4: Currently not negotiating.”
MUSQUEAM: A ‘nation’ of 1,381 people.
These characters claim a ‘traditional territory’ that includes Kitsilano, Spanish Banks, Musqueam, Iona Island, Sea Island, Tsawwassen, Ladner, Marpole, New Westminster… Actually, they also claim all of Vancouver, North Vancouver, West Vancouver, Richmond, etc…
“We, the {1,381} Musqueam people openly and publicly declare and affirm {to the 3 million people of the Vancouver Lower Mainland} that we hold aboriginal title to {your} land and ‘aboriginal rights’ to exercise use of {your} land, the sea and fresh waters, and all their resources within that territory occupied and used by our ancestors…” http://www.musqueam.bc.ca/sites/default/files/musqueam_declaration.pdf
“Musqueam’s three reserves are located in Vancouver, Richmond and Delta. Musqueam’s main community is located in the marshy lowlands overlooking the north arm of the Fraser River (in the south-west corner of Vancouver) and the species of grass that once thrived on the foreshore may be the root of the Indian Band’s ancient name, ‘X’muzk’i’um’.”
‘STATUS OF TREATY NEGOTIATIONS’ “Stage 4: Currently not negotiating.”
CBC
SEMIAHMOO: A ‘nation’ of 92 people.
“…a 2007 newspaper article said that the Semiahmoo ‘First Nation’ and three other ‘First Nations’ (Tsartlip, Tsawout and Pauquachin) make up the ‘Sencot’en Alliance’, which says their ‘traditional territory’ stretches south to the northern end of Puget Sound, including both the San Juan Islands and the Gulf Islands, across southern Vancouver Island to include sites north of the Canada/U.S. border, on the lower Fraser River and on all adjacent land…
“In 2007, the Semiahmoo publicly expressed strong opposition to the Tsawwassen ‘First Nation’ treaty, stating the agreement with the Delta ‘first nation’ could infringe on the its territory and rights…
“‘School District 36 Surrey’ acknowledges that it operates in the {claimed} Semiahmoo ‘traditional territory’…
This bunch have proven to be bullying assholes:
“In 2009, the band removed a large and long-standing dog park located in an open park near the East beach area, citing vandalism as the reason for removal. Removal of the remaining swings would follow soon after.
“In 2010, the Semiahmoo ‘First Nation’ erected a 6-foot high fence that extends east from the reservation and follows the length of their land, to prohibit access by non-Band members. In addition to restricting access to band land, this fence also prevents access to all East beach areas and certain areas of the Little Campbell River.
“In 2013, the ‘First Nation’ threatened legal action if the City of Surrey approved construction of a $100 million casino (a developer’s proposal eventually refused by city council) near King George Boulevard a few kilometres away from the reserve. Concerns were that it might affect the ‘First Nation’s plans to build a five-star hotel, conference centre and gaming centre on the reserve near the US border {!?!}... https://en.wikipedia.org/wiki/Semiahmoo_First_Nation
“The ‘SEMYOME’ ‘traditional territory’ is centered in the Lower Mainland in and around White Rock, BC. Their teritory extends out from the mainland into the Strait of Georgia where it overlaps with the closely related ‘W̱SÁNEĆ’ (Saanich) ‘peoples’.” http://maps.fphlcc.ca/semyome
“Semiahmoo ‘First Nation’ has one reserve located in South Surrey. The Semiahmoo ‘First Nation’ is named after the Semiamu Indians. The name is said to mean “half moon.”
‘STATUS OF TREATY NEGOTIATIONS’ “Not in the BC Treaty Process”
“Members of the Squamish ‘Nation’ continue to live primarily at the North Vancouver reserves – Mission, Capilano and Seymour – and at four of nine reserves in the Squamish Valley to the north.”
‘STATUS OF TREATY NEGOTIATIONS’ “Stage 3: Currently not negotiating.”
TSAWWASSEN: A ‘nation’ of 364 people.
These clowns claim, starting in the south: Saltspring Island and most of the southern Gulf Islands; across the Georgia Strait, including Richmond, Delta, Surrey and Tsawwassen; up the Fraser River valley, including New Westminster, Coquitlam, and well north up the Fraser Canyon: http://www.bctreaty.net/nations/soi_maps/Tsawwassen_SOI_Map.pdf
“On April 3, 2009, Tsawwassen ‘First Nation’ ratified the first urban treaty in British Columbia… The treaty provides Tsawwassen with jurisdiction over its land base of 724 hectares. On that date, Tsawwassen also became a full member of Metro Vancouver (both the Greater Vancouver Regional District and Greater Vancouver Water District). Tsawwassen Lands are located on the coast overlooking the Strait of Georgia, near the Tsawwassen Ferry Terminal. The name “Tsawwassen” means “facing the sea”.
‘Scope of Policy and Stewardship Framework’ “This Policy applies to all of the surface and subsurface air, land, water, cultural and other natural resources within the TsleilWaututh consultation area. The following goals apply to all proposed land and resource policies, planning initiatives and all projects planned, designed, and implemented within the consultation area {ALL development within the Vancouver Lower Mainland fits this description}…
“Where the Crown proposes a sale, lease, license or other disposition of Crown land in the {ancestors’} ‘traditional territory’, the TsleilWaututh ‘Nation’ must have priority opportunity to acquire those lands or equivalent lands within the {ancestors’} ‘traditional territory’…” http://www.twnation.ca/About%20TWN/~/media/Files/Stewardship%20January%202009.ashx
“Tsleil-Waututh, the “people of the inlet”, live near, but not quite on, Indian Arm, looking out across the Burrard Inlet.”
‘ STATUS OF TREATY NEGOTIATIONS’ “Stage 4: Active Negotiations.”
QAYQAYT: A ‘nation’ of 14 people {!}.
“Qayqayt ‘First Nation’ (New Westminster Indian Band) has the distinction of being one of the smallest ‘First Nations’ in Canada (in terms of its membership) and does not have a land base.”
‘STATUS OF TREATY NEGOTIATIONS’ “Not involved in treaty negotiations.”
The village of Qayqayt, 1865
HWLITSUM: A ‘nation’ of 185 people.
Their ‘traditional use’ area includes all the waters off the coast of Vancouver, from Point Grey in the north to Tsawwassen in the south, across the Strait of Georgia to the waters between the Gulf Islands, and the Fraser River in the Vancouver area…and that’s just for fishing!
“Hwlitsum ‘First Nation’ (Canoe Pass) claims that its unofficial membership of 300 people includes a ‘Registered Indian Population’ of 185 members. Although it is currently without Reserve lands, Hwlitsum’s {unproven} ‘traditional territory’ encompasses a large portion of the Metro Vancouver region, the Gulf Islands, and a portion of Vancouver Island {!}.”
‘STATUS OF TREATY NEGOTIATIONS’ “Stage 2: Currently not negotiating.”
‘FIRST NATIONS’, TRIBAL COUNCILS, TREATY GROUPS AND ASSOCIATIONS LOCATED OUTSIDE METRO VANCOUVER WITH INTERESTS IN THE REGION’
{“With interests in the region” refers to their claims of land and aboriginal ‘rights’ in the Metro Vancouver area, even though they don’t reside there…}
‘HUL’QUMI’NUM TREATY GROUP’: (representing 6 member ‘First Nations’; based in Duncan, on Vancouver Island): http://www.hulquminum.bc.ca/news
END RACE BASED LAW Daily News Canada 
What a FN MESS
“The Canadian system of Aboriginal consultation is broken.”
http://www.eurasiareview.com/20072016-small-victory-for-canadas-first-nations-reveals-large-problems-analysis/
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