Aboriginal Title and Rights and Public Assets

Speakers at the Friends of Pacific Spirit Park rally on December 9th, 2007, spoke against the ‘transfer’ of a ‘public asset’ to ‘settle a provincial’ debt and to ‘save’ the UBC Golf Course. While the speakers at the rally may not feel or think that they were rallying against the Musqueam Reconciliation Agreement, any First Nations person or any person who has worked with First Nations for any length of time would find it hard to see the fine distinction that the speakers may well think they were making. First Nations communities constantly face non-aboriginal communities who will say “We support legitimate land claims” and then say that the specific item –be it fisheries, forestry, energy, water, or parkland- trumps the ‘particular’ interest of the First Nations because the non-aboriginal claim is in the ‘interest of all of us.’ For over 30 years I have had opportunities to witness many different non-aboriginal groups rally the same arguments in their opposition to resolving land claims and affirming aboriginal title and rights. The current provincial government even entered office opposing many specific aspects of reconciliation but has found, as they matured in office, that their populist opposition to aboriginal title and rights is not supported in law. So, short of a revolution, reconciliation agreements, such as the one entered into with Musqueam, will be the order of the day –whatever the stripe of the government.