A commentary by the chief commissioner of the British Columbia Treaty Commission, Celeste Haldane, with commissioners Edward John, George Abbott and Liseanne Forand.
Reconciling and resolving the “land question” is the reason for the British Columbia treaty negotiations process, which began in 1991 with the signing of the Report of the B.C. Claims Task Force leading to the establishment of the B.C. Treaty Commission in 1992 in federal and provincial legislation, and via resolution by the First Nations Summit.
The land question in B.C. is again at the forefront in the discussion and opinions that have proliferated since the recent B.C. Supreme Court ruling in Cowichan Tribes v. Canada (Attorney General) 2025 BCSC 1490.
What is missing from the discussion is an understanding of the role that modern treaties can play in answering the complex questions raised in the Cowichan case.
The B.C. treaty negotiations process is a mature and established process that, through commitment and honourable, good-faith negotiations, leads to legal and economic certainty for First Nations, British Columbians and Canadians.
Since the treaty commission opened its doors, priority interests have been raised by all three parties, including how First Nations’ title and rights are recognized and affirmed in a modern treaty and how these rights co-exist with private property interests
Similarly, privately held lands, also known as fee simple lands, have only been on the negotiating table on a willing-seller and willing-buyer basis.
That means private lands will never be taken away by the Crown or a First Nation for treaty settlements in B.C.
The only land that will ever be offered for modern treaty settlements is available federal and/or provincial Crown lands — not private lands.
However, private lands or fee simple title are now in question through the Cowichan case.
Read the full commentary on Times Colonist: https://www.timescolonist.com/opinion/comment-modern-treaties-should-be-a-priority-for-all-british-columbians-11556167