In this exclusive interview, Jim Csek and Iain Burns speak with Geoff Moyse, a lawyer with over 33 years of experience in Aboriginal law and treaties — including 31 years with the BC government and subsequent private practice.

Moyse provides a detailed, experienced perspective on two major issues: the federal government’s recent agreements with the Musqueam Nation and the ongoing debate around BC’s DRIPA legislation (Declaration on the Rights of Indigenous Peoples Act). He explains that the federal Musqueam agreements, particularly the commitment to negotiate Aboriginal rights and title within Musqueam’s claimed traditional territory, have created significant uncertainty across Metro Vancouver, even though they do not immediately grant title. He expresses astonishment that Premier David Eby appeared to welcome federal involvement over provincial Crown lands without pushback.

Additionaly, Moyse clarifies that Aboriginal title findings in Canadian law (citing cases like Tsilhqot’in) typically cover only a small percentage of claimed territory (around 5%), not the entire area, and contrasts this with the broader implications of UNDRIP-style approaches. On DRIPA, Moyes argues the legislation itself is narrow, but it has been used as a “smokescreen” to implement UNDRIP as de facto policy across BC, bypassing the established section 35 constitutional framework. He warns that UNDRIP’s concepts (such as consent requirements and territorial ownership) conflict with Canadian law and risk creating chaos for development, private property, and reconciliation.

Moyse advocates accelerating the existing treaty process, which already provides balanced outcomes for First Nations through land, governance, and rights, rather than layering on UNDRIP. He stresses that true reconciliation should rest on section 35 of the Constitution, not international declarations that undermine Canada’s legal balance.

The interview underscores the lack of public debate, the role of secrecy in negotiations, and the potential for long-term uncertainty affecting private landowners, resource development, and the province’s economy.

Watch the interview