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.
The historic Lund Resort at Kla ah men (the Resort) was wholly owned by the Tla’amin Nation and operated by Tla’amin Management Services LP (TMS). The Tla’amin Final Agreement had been in effect since April 2016, making the Tla’amin Nation self-governing over its land, resources, and members. The Resort, on British Columbia (BC)’s Sunshine Coast, featured thirty-one renovated guest rooms that ranged from budget-friendly units to luxury ocean-front suites. In addition to hiring a new general manager, the Resort needed to increase bookings in the shoulder season and stabilize staffing. By 2018, the Resort had had six general managers in two years and needed a highly experienced professional to fill the position. TMS hoped to retain this person for at least three years. The new manager would need to be a good fit in terms of Tla’amin culture and values; given the complex reporting structure, they would need to be adaptive and willing to work with multiple people within the Tla’amin leadership, including the TMS board of directors and the Tla’amin operating board. While it would have been best to hire a manager with experience working with Indigenous communities, the TMS had determined that this was not feasible and that it was best to hire someone who was experienced and open to learning about Tla’amin culture and values.