Aboriginal Land Rights, Economic Self-Sufficiency, and Real Estate in British Columbia

Indigenous people “continue to have shorter life spans, poorer health, higher unemployment, lower educational levels, and generally far poorer socio-economic conditions than the Canadian average.” To address these issues and build economic self-sufficiency, First Nations communities must be able to exercise their rights to the land they have occupied for millenniums. In British Columbia, most First Nations have never extinguished their Aboriginal title rights, so according to the Canadian Constitution and multiple Supreme Court of Canada rulings, First Nations hold the legal rights to most of the public land in British Columbia (BC), although they must fight in court to prove this for each and every parcel. Although title was never legally extinguished for private land either, private land is not addressed in this note.<br><br>As of 2021, real estate comprises the largest portion of Canada’s gross domestic product, and property values have reached historic highs. This presents an opportunity for First Nations to use their land to generate wealth and address the socio-economic issues that are keeping their communities from meeting the same standards as the rest of Canada. First Nations in Vancouver and beyond have been buying large parcels of land from the federal and provincial governments for residential development, offering long-term leases and rental properties on the developed land. To be clear, this is land in the First Nations’ own territories—which they could pursue rights to and might very well win—but proving this would likely involve very long court cases lasting many years and costing many millions of dollars. During this time, a great deal of money would be spent but none generated. So instead, out of pragmatism, some First Nations have chosen to buy land fee simple and develop it. The note specifically does not ask students to comment on the conduct of Indigenous Peoples.

This note addresses many complex ethical issues pertaining to Aboriginal land rights, government relations, and real estate development. It also considers how non-Indigenous businesses can build successful partnerships with First Nations. It is suitable for senior levels of undergraduate and graduate study. While it addresses real estate issues and relationships with development companies, it does not offer a complex analysis of real estate finance, development, or management. The note is suitable for courses on First Nations, land rights, self-sufficiency and economic development, ethics, government and business, communications, and real estate. Students should emerge from reading the note and subsequent discussion with the following:<br><br><ul><li>an understanding of the term decolonization and of the resulting shift in power to First Nations</li><li>a sense of the challenges facing Indigenous communities as they seek to achieve economic self-sufficiency and self-governance</li><li>an ability to discuss how non-Indigenous Canadians and Canadian businesses can avoid perpetuating past wrongs and create successful and profitable collaborations with First Nations</li><li>an ability to respond to ethical questions of land ownership, federal control, and Indigenous rights, including by addressing the question, “Why must First Nations buy their own land?”</li></ul>

• First Nations
• Land Rights
• Real Estate
• Indigenous