Jay Currie

The Musqueam Indian band has scored a major legal victory against the federal government, halting the sale of two office towers – and asserting aboriginal title in the heart of Vancouver’s business district.

At issue is Ottawa’s proposed sale of the Sinclair Centre and another office and retail complex on Burrard Street, part of a larger disposition of nine buildings across Canada to Vancouver-based Larco Investments Ltd. for $1.64-billion.

In an oral ruling, a Federal Court of Canada judge Friday halted the sale of the two Vancouver buildings, issuing an injunction requested by the Musqueam. globe and mail

One of the few really good arguments in favour of moving Indian Land Claims forward is that until they are settled a good deal of the land in Canada, and especially treatyless British Columbia, has a cloud on its title.

It is not at all an absurd allegation that the properties in question might well have been part of the traditional hunting, fishing and clamming grounds of the Musqueam band. From my mum’s townhouse to the subject properties, on foot, is about a two hour walk. Of course it is about a twenty minute paddle from the reserve in North Vancouver and, no doubt, there could be conflicting claims.

What is not talked about is that virtually all of the land in between – the million dollar 33 foot lots of Dunbar, Kerrisdale and Kitsilano – are all under the same uncertainty of title.

In a sense this is an issue which needs to be settled with the application of money, lots of money. Because aboriginal title was not extinguished by treaty or conquest in BC it can only be extinguished by purchase.

Which leads to the question of “for how much”. And here the answer may be an interesting one. Propose for a moment that we accept full aboriginal title to all the lands claimed in Vancouver: what would they be worth? the short answer is, not very much. If you don’t actually own your house or office building what would you be prepared to pay for the right to occupy it? And if that situation existed for all the land in the City of Vancouver what would that land be worth?

The answer to that question might well be found in the manner in which the Duke of Westminster conducts his ownership 300 acres of prime London real estate. He is the richest British born man in England and he and his forebearers have done it by way of long leases.

Adding a couple of percent a year to one’s property taxes in the form of a lease payment to the incumbent tribe would be cheap title insurance if the term of the “lease” was centuries rather than decades. And, given that the band has all of 1000 members, it would ensure that the Musqueam were, collectively and individually, stupidly rich.