The latest episode in David Borys' Curious Canadian History podcast features an interview with me and lessons from my new book Unceded: Understanding BC's Colonial Past and Why It Matters Now. A great resource for readers puzzling over the BC Supreme Court's most recent decision!
During the 1990s, as the modern BC treaty process was being established and early negotiations got underway, many First Nations leaders in British Columbia explicitly stated that private property and existing private land ownership were not being claimed or challenged as part of their treaty negotiations.
Here’s a breakdown of the context:
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1. Background: Launch of the BC Treaty Process
The BC Treaty Commission (BCTC) process was formally established in 1993, following the 1991 “Report of the BC Claims Task Force”, which was jointly developed by Canada, British Columbia, and First Nations. The goal was to create a modern treaty-making framework to resolve outstanding land claims, since BC had very few historic treaties (outside of the Douglas Treaties on Vancouver Island and Treaty 8 in the northeast).
The Task Force Report itself stated that private lands and third-party interests would generally not be expropriated or undermined, and that treaties would respect existing lawful interests. This reflected a political consensus necessary to make negotiations acceptable to the broader public.
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2. Public Statements by Indigenous Leaders
During the 1990s — particularly in the period around the creation of the Nisga’a Treaty (signed 1998) and the first round of negotiations with other First Nations — Indigenous leaders consistently reassured both governments and the public that:
•Private landowners had nothing to fear from treaty settlements.
•Private property would not be taken or converted to treaty lands.
•Treaty lands would come primarily from Crown land, not private holdings.
For example:
•Joe Gosnell, then President of the Nisga’a Tribal Council, said publicly in 1996 and again in 1998 that “the Nisga’a have never claimed private land; our treaty is with the Crown, not with private citizens.”
•The First Nations Summit (the collective body representing most negotiating nations) often emphasized that treaty negotiations were about reconciling Crown title with Aboriginal title — not displacing private ownership.
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3. Why It Mattered
At the time, there was intense public debate — especially from groups like the BC Liberal Party under Gordon Campbell — about whether treaties could affect private lands or local governments. The insistence by Indigenous leaders that private property was “off the table” was crucial to counter public fears and to keep the treaty process politically viable.
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4. Current Legal Understanding
Modern treaties in BC (e.g., Nisga’a, Tsawwassen, Maa-nulth, Tla’amin, etc.) do not affect private property rights. The lands transferred to treaty nations come from Crown lands, and existing private ownership remains fully protected.
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Former BC cabinet minister George Abbott has just released his new book “Unceded-understanding British Columbia’s colonial and past why it matters now”, and boy, does it ever! Grab a copy! #bcpoli
A HUGE "thank you" to Keith Baldrey for giving prime-time, Global exposure to BC authors through his "bookshelf"! As a BC author, I can tell you that it is both exciting to get such wide exposure of my new book"Unceded: Understanding BC's Colonial Past and Why It Matters Now"!
5 years ago, my first book, "Big Promises, Small Government," was released amid lockdown from COVID-19. Today my second book, "Unceded: Understanding BC's Colonial Past and Why It Matters Now," is officially released, happily with no pandemic in sight! My thanks to Purich Books!
Just a few days from the official launch of my new book, "Unceded: Understanding BC's Colonial Past and Why It Matters Now." Please join me and APTN's Tina House at Vancouver Public Library, Sept 24, 7pm for a discussion of issues engaged by Unceded! See VPL site for more info.
I'm delighted to advise that my new book, Unceded: Understanding British Columbia's Colonial Past and Why It Matters Today, will be released on September 15th, 2025, from Purich Books/UBC Press. Special thanks to the Hon Steven Point for providing the Foreword to Unceded!
@EDenhoff I’m very sorry to hear of John Horgan’s passing. I was fortunate to serve in the legislature at the same time as John, albeit on the other side of the aisle. He worked tirelessly and respectfully for BC, always with a great sense of humour. My condolences to his family.
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@rodmickleburgh Among the many reasons to utterly despise V. Putin and his despicable war on Ukraine, his actions will drive years (or decades) of expanded military expenditure at a time when the world needs to address climate change, as well as symptoms of climate crisis like flood/wildfire.
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