On February 20, 2026, Musqueam and Canada signed three agreements that set out how the parties will work together to implement Musqueam’s Aboriginal rights within their territory.
Over the past few days, there has been an onslaught of misinformation and disinformation about these agreements — in particular, about their supposed impact on private landowners. The short answer is that these agreements have no impact on private landowners at all.
We are concerned that the recent commentary about the Musqueam-Canada Rights Recognition agreement is part of a troubling pattern in media coverage and commentary on Aboriginal rights and title issues. This narrative reached a fever pitch following the release of the Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 (“Cowichan Tribes”), in August 2025, with commentators suggesting that recognition of Aboriginal title threatens private property rights. This kind of rampant misinformation contributes to confusion, fear, and anti-Indigenous racism.
This blog aims to separate fact from fiction by providing clarity on what the agreements signed by Musqueam and Canada actually do — and what they don’t do.
What do the Agreements do?
Musqueam and Canada signed three agreements that recognize Musqueam’s Aboriginal rights and strengthen Musqueam’s roles in fisheries, stewardship, and marine management. In a joint press release, the parties described these as “a major step forward towards reconciliation and incremental implementation of Musqueam’s Aboriginal rights as affirmed under Section 35 of the Constitution Act, 1982.”[1] The agreements are just that: a significant but incremental step towards recognition and implementation of Musqueam’s Aboriginal rights.
The three agreements are:
- šxʷq̓ʷal̕təl̕tən – A Rights Recognition Agreement, which recognizes that Musqueam has Aboriginal rights, including title, within their traditional territory and establishes a framework for incremental implementation of those rights and nation-to-nation relations with Canada;
- xʷməθkʷəy̓əm Stewardship & Marine Management Agreement, which establishes collaborative governance and management in the areas of stewardship and marine management to protect and manage the waters and resources within Musqueam territory; and
- xʷməθkʷəy̓əm Fisheries Agreement, which establishes and implements collaborative fisheries management arrangements within Musqueam territory, and provides implementation funding as well as funding for access, vessels, and gear.
This blog post focuses on šxʷq̓ʷal̕təl̕tən – A Rights Recognition Agreement[2], which has generated the most media attention in recent days.
What is the Rights Recognition Agreement?
The šxʷq̓ʷal̕təl̕tən – A Rights Recognition Agreement is a framework agreement between Musqueam and Canada. Its title translates roughly to “a tool by which we reach a mutual understanding”, which captures its purpose well: the agreement recognizes that Musqueam has Aboriginal rights and title within Musqueam territory and establishes a process for how Musqueam and Canada will work together to implement those rights going forward. Importantly, it is not a treaty or a land claims agreement under sections 25 or 35 of the Constitution Act, 1982. It does not create, define, or extinguish any of Musqueam’s Aboriginal rights and title; it simply acknowledges that those rights exist and sets out a collaborative path forward for agreeing on what those rights are and where they exist.
The Rights Recognition Agreement establishes fundamental principles to guide the relationship between the parties and creates processes for future discussions and negotiations on specific issues. The agreement also contemplates “Incremental Implementation Agreements” — separate, more detailed agreements on specific topics that will be negotiated over time, and through which Musqueam’s rights will be recognized and reconciled with other interests. The Rights Recognition Agreement is, in essence, a roadmap for the ongoing nation-to-nation relationship, not a final destination.
Does the Rights Recognition Agreement mean that Musqueam has Aboriginal title to its whole traditional territory?
No, it does not.
Media and online commentary has focused a great deal on Musqueam’s traditional territory encompassing Vancouver and some of the suburbs, and the statement in the Rights Recognition Agreement acknowledging that Musqueam has unextinguished rights and title within its territory.[3] That language does not convey that Musqueam has Aboriginal title to the entirety of its traditional territory, or even a substantial portion of it. Rather, it simply acknowledges the obvious fact that Musqueam has Aboriginal title to some areas that lie within its traditional territory, and within that territory Musqueam also has Aboriginal rights, such as to fish for food.
The specific areas where Musqueam has Aboriginal title within its territory are not defined in the agreement: that is the purpose of the Incremental Implementation Agreements that will be negotiated in the future. During those negotiations, Canada will of course be attempting to balance recognition of Musqueam’s Aboriginal title with other public interests, and as a practical matter will likely only be able to discuss the small subset of land in Musqueam’s territory that is owned by the federal government (see below).
Does the Rights Recognition Agreement take away land from private landowners?
No, it does not.
Nothing in the Rights Recognition Agreement states that land will be taken away from private landowners. The agreement recognizes that Musqueam has unextinguished rights and title within Musqueam territory — but recognition of those rights does not mean that private property is at risk.
Both Canada and Musqueam have confirmed that the Rights Recognition Agreement does not impact privately held lands. Musqueam has gone further, publicly and unequivocally stating that they have no intention of seeking land from private landowners.[4]
It’s also important to understand who the parties to this agreement are. The agreements are between Canada and Musqueam only — British Columbia is not a party. Canada does not have the ability to unilaterally take away private lands held in fee simple, and nothing in these agreements purports to do so.
In short, this agreement and the negotiation process it contemplates do not threaten private lands.
The agreement recognizes Musqueam Aboriginal Title and Rights – how is this different than what happened in Cowichan Tribes?
The difference between the recognition of rights by way of the Musqueam-Canada Rights Recognition Agreement and the declaration of Aboriginal rights and title in Cowichan Tribes is that the former is a foundation for negotiation – not litigation.
In Cowichan Tribes, the court found — after a rigorous and lengthy trial process, the longest in Canadian history — that Cowichan Nation had met the established legal test for Aboriginal title.[5] The court then issued a declaration of Aboriginal title over a portion of the claim area.
In doing so, the court emphasized in Cowichan Tribes that litigation is not the ideal way to resolve complex issues around unextinguished Aboriginal title, describing it as “the antithesis of a healing environment.”[6]
The Rights Recognition Agreement between Musqueam and Canada takes a different approach — one that courts have repeatedly encouraged. Rather than litigating the question of whether Musqueam has Aboriginal rights and title, Canada and Musqueam have chosen to recognize the existence of those rights as a foundation for ongoing negotiations.
This is a key distinction: in Cowichan Tribes, a court made a binding legal declaration after a contested trial. Here, Canada is recognizing that Musqueam has unextinguished rights and title within its territory through a negotiated agreement for the purposes of building a collaborative relationship.
Why sign a Rights Recognition agreement?
Outstanding Aboriginal rights and title claims need to be resolved. Courts, governments, and Indigenous leaders have all emphasized that negotiation — not litigation — is the best path forward. Litigation is a comparatively blunt instrument for resolving these complex legal issues, can take decades to resolve, and is costly and time-consuming for all sides.
The Rights Recognition Agreement doesn’t guarantee that Musqueam and Canada will never end up in court. But it does create processes that facilitate ongoing negotiations and establish mechanisms for resolving disputes collaboratively. This is an important step forward in efforts to address complex issues through dialogue rather than litigation.
These are the kinds of efforts that British Columbians should welcome: Indigenous communities and the federal government sitting down together to work through difficult questions at the negotiation table, rather than in a courtroom.
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[1] Musqueam and Canada Sign Historic Agreements Recognizing Rights, Stewardship, and Fisheries – Canada.ca
[2] šxʷq̓ʷal̕təl̕tən – A Rights Recognition Agreement
[3] For example Preamble D and ss. 2.1(a) and 3.1(a)
[4] Shared Values And Strengthened Partnerships – Musqueam
[5] All parties to this decision are appealing.
[6] Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490, at para 3727