Will Modern Treaties add fuel to the fire on land rights in British Columbia?
Issue 02 | March 2026
Land issues have returned to the centre of public discussion in British Columbia. Court decisions, negotiated land agreements, and disputes over land use have all drawn attention to Indigenous land rights in the province.
Part of the reason is that Modern Treaties are beginning to move from negotiation to implementation. These agreements establish governance systems that define how lands and resources will be managed. As Indigenous governments begin exercising those authorities in practice, decisions about land use, housing, development, and environmental stewardship become more visible.
With a handful of Modern Treaties now ratified and others approaching completion, a natural question is beginning to emerge. Will these agreements intensify already contentious debates over land rights?
The answer is nuanced. What Modern Treaties will certainly do is make land governance more visible. A recent example can be seen with K'ómoks First Nation.
K’ómoks recently announced plans to close the Queneesh Trailer Park in 2028 in order to redevelop the land for housing and services for Nation members. The decision comes as the Nation prepares to implement its Modern Treaty, which will establish new governance authorities over land and resources within its territory.
While the decision is not linked to the Treaty (the park sits on reserve lands and occupants did not own their pads), it's an example of the kinds of land governance decisions that Treaty Nations have to make: reclaim and develop lands to help address urgent citizen housing needs, or continue to lease lands to a non-Indigenous population to generate economic benefits.
While the decision has generated discussion locally, it reflects a basic exercise of land stewardship and community planning by the Nation. K’ómoks has acted in accordance with all principles of good governance, even providing those tenants with two years’ notice and measures intended to support their transition to alternative housing.
The shift from negotiation to implementation
For decades, much of the public discussion about Indigenous land rights in British Columbia focused on two things: court cases and treaty negotiations. Court decisions clarified the existence of Aboriginal title. Treaty negotiations focused on defining how land and resources would be governed in the future.
Those conversations are still continuing, but something else is beginning to happen.
Across the province, Indigenous governments are increasingly exercising jurisdiction over land and resources through treaties, negotiated agreements, and evolving government to government relationships. As those governance systems begin to operate in practice, questions about land use, development, and decision making become more visible.
Recent treaty ratifications provide a good example. Three Nations in British Columbia, Kitselas First Nation, Kitsumkalum Band, and K'ómoks First Nation, recently ratified modern treaties and will transition into implementing their agreements in 2028 and 2029. These agreements establish constitutionally protected governance frameworks for lands and resources within their territories.
So far, many of the governance discussions around these treaties have unfolded with relatively little public attention, with the exception of the trailer park issue.
Part of the reason is geography for two of the groups. Northern treaty regions generally have smaller populations and fewer municipalities and privately owned lands within their territories. Implementation still involves complex institutional work, but it often happens outside the day to day experience of large settler populations.
The K’ómoks experience, however, may offer a preview of what the public reaction to the next wave of treaties could look like. Some of the most advanced treaty negotiations in British Columbia are taking place in parts of southern Vancouver Island and the Fraser Valley. These regions include significant populations, established municipalities, transportation infrastructure, and active local economies.
Negotiations involving the Te'mexw Treaty Association near Victoria, the Hul’qumi’num Treaty Group in the Cowichan Valley, and Stó:lō Xwexwílmexw Government in the Fraser Valley are all in the final stages of the BC treaty process. If concluded, these agreements would establish Modern Treaty governance frameworks in areas where Indigenous jurisdiction will operate alongside municipalities, private land ownership, tourism economies, and growing urban populations.
What comes next for land governance
This does not mean that private property rights are being displaced. Canadian law has long recognized that Aboriginal title and private property interests can coexist on the same lands. Courts have repeatedly confirmed that fee simple ownership does not extinguish Aboriginal title, and modern treaties are negotiated precisely to clarify how different interests will be reconciled.
Modern Treaties are not about creating new rights. They are about formally recognizing rights that have existed for generations and establishing clear governance arrangements for how those rights are exercised.
In many ways, what British Columbia is beginning to experience is the practical reality of Indigenous governments exercising those authorities in places where people, communities, and economies already exist. That visibility may generate debate. But it also reflects that Indigenous land governance is no longer theoretical or confined to negotiations and courtrooms. It is increasingly part of the everyday decisions about how land is used and managed.
So will Modern Treaties add fuel to the fire on land rights?
In some cases they may draw more attention to those conversations. But over time they are far more likely to provide something British Columbia has long lacked: clearer and more stable systems for governing land.
If your Nation or organization is thinking about how transitioning to, or implementing a, Modern Treaty may affect land governance, project development or public opinion message me "Land Rights".
The Modern Treaty Hub
In recent news:
On March 7, Mississaugas of the Credit First Nation celebrated the final settlement of the Rouge River Valley Tract land claim. The $183.4-million agreement with Canada and Ontario resolves a claim dating back to the late 18th century and provides financial compensation to the Nation. Settlement funds will be invested to support long-term priorities such as infrastructure and community wellness (Brantford Expositor).
Parliament is currently studying Bill C-10, legislation that would establish an independent Commissioner for Modern Treaty Implementation reporting to Parliament. Modern Treaty leaders say the office would help address longstanding gaps in how Canada fulfills its obligations under constitutionally protected agreements, which span more than 8,000 commitments across roughly 30 federal departments and affect more than 90 Indigenous communities (Windspeaker).
Tla'amin Nation is developing a community cookbook and harvesting guide that will document traditional recipes, food harvesting practices, and cultural knowledge across the Nation’s territories. The project, organized around the Nation’s 13-moon calendar, aims to preserve food teachings, strengthen food security, and share traditional knowledge with future generations (IndigiNews).
The Government of Northwest Territories has granted assent to legislation approving the Tłegǫ́hłı̨ Got’įnę Final Self-Government Agreement with the Sahtu Dene and Métis of Norman Wells. The agreement recognizes the Nation’s inherent right of self-government and will enable the community to exercise law-making authority and manage programs and services once it comes into force (NationTalk).
The Council of Yukon First Nations has received federal approval and funding to deliver new supports for Indigenous youth aging out of government care. The program will provide financial, educational and cultural assistance to eligible youth between the ages of 19 and 26, helping them transition to independence while maintaining connections to their communities (Yukon News).
Researchers are highlighting the growing agricultural and nutritional potential of Salicornia, a salt-tolerant coastal plant long harvested by Indigenous communities along the Pacific coast. Archaeological evidence linked to Champagne and Aishihik First Nations in Yukon shows the plant was consumed centuries ago, reflecting longstanding Indigenous knowledge of coastal food systems and trade networks (Smithsonian Magazine).
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