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Topic: Musqueam Indian Band


  
  Supreme Court of Canada - Decisions - Musqueam Indian Band v. Glass
In 1960, the Musqueam Indian Band surrendered approximately 40 acres of reserve land to the Crown for the purposes of leasing.
That the leasehold to be valued was on Indian land, however, did have a significant effect on the valuation, reducing the value of the interest by approximately 50 percent.
The market value of the Musqueam lands in 1995 having been found to be 50 percent of that of comparable off-reserve lots, the rent should be based on this value as being their current land value under the terms of the leases.
scc.lexum.umontreal.ca /en/2000/2000scc52/2000scc52.html   (11310 words)

  
  Musqueam Indian Band - Wikipedia, the free encyclopedia
The Musqueam are the only Indian band whose reserve lies within the boundaries of the City of Vancouver.
The Musqueam are the oldest-known residents of Vancouver.
The area of the Musqueam Reserve is the closest Hudson's Bay Company explorer Simon Fraser made it to the Strait of Georgia; he was driven back by hostile Musqueam who had had bad experiences with white men on ships just previously.
en.wikipedia.org /wiki/Musqueam   (246 words)

  
 Musqueam Indian Band v. Glass   (Site not responding. Last check: 2007-10-09)
In 1960, the Musqueam Indian Band surrendered approximately 40 acres of reserve land to the Crown for the purposes of leasing.
2 In 1960, the Band surrendered approximately 40 acres of reserve land to the Crown for the purposes of leasing.
The market value of the Musqueam lands in 1995 having been found to be 50 percent of that of comparable off-reserve lots, the rent should be based on this value as being their current land value under the terms of the leases.
www.lexum.umontreal.ca /csc-scc/en/pub/2000/vol2/html/2000scr2_0633.html   (11303 words)

  
 First Nations Consultation   (Site not responding. Last check: 2007-10-09)
Band representatives indicated that they would like to be involved in the development and review of the terms of reference for the various activities associated with the project.
Band representatives indicated that they had hoped to be involved in determining which of the options Burnaby City should select, rather than providing their comments on the selected option.
The Band's archaeologist was contacted on March 11, 2002 and it was agreed to provide her with a contract, which would ensure that the Tsleil-Waututh Nation were comfortable with the completed archaeological assessment.
www.city.burnaby.bc.ca /cityhall/departments/engnrn/engnrn_whtshp/engnrn_whtshp_brnbyl/engnrn_whtshp_brnbyl_applct/engnrn_whtshp_brnbyl_applct_17.html   (2167 words)

  
 Virtual Law Office: Guerin v. The Queen
The question is whether the appellants,the chief and councillors of the Musqueam Indian Band, suing on their own behalf and on behalf of all other members of the band, are entitled to recover damages from the federal Crown in respect of the leasing to a golf club of land on the Musqueam Indian Reserve.
The band alleged that a number of the terms and conditions of the lease were different from those disclosed to them before the surrender vote and that some of the lease terms were not disclosed to them at all.
The further consideration that the principal (the Indian band as holder of the personal interest in the land) is constrained by statute to act through the agency of the Crown, in no way reduces the rights of the instructing principal to call upon the agent to account for the performance of the mandate.
www.bloorstreet.com /200block/rguerin.htm   (18161 words)

  
 Info and facts on 'First Nations of Canada'   (Site not responding. Last check: 2007-10-09)
The term is also used to designate bands of aboriginal people for whom reserves (Civilians trained as soldiers but not part of the regular army) have been provided under the Canadian Indian Act (additional info and facts about Indian Act).
Members of First Nations are known officially as registered Indians if they are entitled to benefits under the Indian Act (additional info and facts about Indian Act) ; a more common term is status Indian (from treaty status), with non-status Indian designating a member of a First Nation who is not entitled to benefits.
Administration of the Indian Act (additional info and facts about Indian Act) is carried out by the federal Department of Indian and Northern Affairs.
www.absoluteastronomy.com /encyclopedia/f/fi/first_nations_of_canada.htm   (1319 words)

  
 Expropriation Law Centre >> News >> Musqueam lease dispute ends
They form a portion of an Indian Reserve that was surrendered for development as a single family residential development in the early 1960's.
Although the Musqueam dispute did not involve expropriation, it nevertheless drew considerable interest from expropriation professionals because of the land valuation issues involved.
However the Chief Justice noted early in her reasons that the leaseholders had obtained professional advice before purchasing their homes so the case was treated by the court as a simple lease renewal clause interpretation case and hardship was not considered.
www.expropriationlaw.ca /news/news.asp?id=9   (338 words)

  
 AANDEV66-e   (Site not responding. Last check: 2007-10-09)
For example, a significant number of Musqueam Park tenants purchased assignments of their leases and paid amounts of up to $585,000 as recently as 1992, with just three years to go before the rents were scheduled to be adjusted to market rates.
When the Musqueam Band voted on October 6, 1957, at their surrender meeting, they were called forward to make their X alongside their respective names.
The band advised them that at least half of the tenants would have to be interested to justify the appraisal costs that would be required to undertake that kind of negotiation.
www.parl.gc.ca /InfoComDoc/36/1/AAND/Meetings/Evidence/aandev66-e.htm   (14080 words)

  
 Canadian Law Firm - Blakes Means Business
The Musqueam Indian Band sought judicial review of the Province’s decision to sell the Golf Course land to UBC on the basis that the Province had not properly consulted with, and accommodated, Musqueam in light of Musqueam’s asserted aboriginal rights and title.
Musqueam would receive $550,000, five percent of any revenue received by the Province for future modification of the covenant that required UBC to use the land as a golf course, as well as a small amount of firewood for use in the Musqueam longhouse.
Justice Hall noted that Musqueam’s rights claim was strong and the infringement of these rights if the land was sold to UBC would mean there would likely be no opportunity for Musqueam to prove their connection to this land again.
www.blakes.com /english/publications/AI/March2005/crownsduty.asp   (1239 words)

  
 Office of the Commissioner for Federal Judicial Affairs - (Reports)
The Band claimed that it had an interest in the Garden City property and that the Government of Canada had a duty to negotiate and accommodate the Band before any land in which it had an interest was alienated.
What Musqueam is pursuing in this proceeding is an opportunity for good faith negotiations and a sincere effort on the part of the Crown to accommodate their rights and interests relating to the Garden City property.
In this case, given the basis of the judicial review, the nature of the Band's claim and the inability of the respondents to effectively address the obligations owed to the bands if they were to ultimately be successful, these are factors which justify an injunction.
reports.fja.gc.ca /en/2004/2004fc579/2004fc579.html   (4963 words)

  
 Office of the Commissioner for Federal Judicial Affairs - (Reports)
The lots in question comprise an area of roughly 40 acres that were surrendered for the purpose of lease to Her Majesty the Queen on February 17, 1960, by the Musqueam Indian Band (the Band).
The nature of the Indians' interest is therefore best characterized by its general inalienability, coupled with the fact that the Crown is under an obligation to deal with the land on the Indians' behalf when the interest is surrendered.
Counsel for the appellants argued that the Band had, in effect, paid for the servicing because the evidence of one of its witnesses was that the Band had taken a reduction in the price of the lands since they were not serviced.
reports.fja.gc.ca /en/1998/1999fc23826.html/1999fc23826.html.html   (10863 words)

  
 Musqueam Indian Band - New Protocol and Services Agreement
The Band, whose lands are located within the boundaries of the City of Vancouver, opted to levy taxes under this legislation commencing in 1991.
Band staff have expressed a desire to compensate the City for the services delivered based on the City's base operating costs and then adding a factor for administration, inflation, and risk and liability (reflecting the City's costs of providing support to its operational groups, such as Purchasing, Materials Management, Risk Management, etc.).
The Musqueam Indian Reserve No. 2 is located in the south-west part of Vancouver adjacent to the Fraser River and through which two streams, one of which is salmon bearing, run.
www.city.vancouver.bc.ca /ctyclerk/cclerk/20041214/a20.htm   (1589 words)

  
 Mapping the Trade-Off between
Musqueam Backgrounder includes relatively unbiased analyses of considerations surrounding original purchasing agreements, negotiations between the Musqueam Indian Band and Musqueam Park leaseholders, and concerns of Musqueam Park leaseholders regarding past and present treatment of the current situation.
Musqueam Park leaseholders, in anticipation of 1995 lease payment negotiations, approached the Musqueam Indian Band with proposals for payment regimes several years before the fact.
Musqueam Park was developed into a fairly prestigious neighbourhood through the late 1970s and early 1980s and property prices climbed to reflect the change.
www.angelfire.com /bc/kelpsaladeconomics/report.html   (7255 words)

  
 The Society of Notaries Public of BC > Article   (Site not responding. Last check: 2007-10-09)
I-5, authorizes a Band council to allot to an Indian a portion of the Band’s reserve lands.
For example, Band membership information meetings must be organized, with sufficient notice given, particularly if there is opposition to a proposed lease, or if the project is large, in any way controversial, or involves a lengthy term.
The terms of the proposed lease must be settled between the Band and the lessee, with the lease in near-final form and available well in advance of the vote.
www.notaries.bc.ca /article.php3?259   (1556 words)

  
 Musqueam Indian Band - Aboriginal Relations and Reconciliation
The Musqueam Indian Band entered the treaty process in December 1993, and completed Stage 3 of the six-stage process, in April 2005.
In 1998, negotiators initialled a framework agreement that eventually went unsigned after the Musqueam community rejected ratification based on the issue that compensation was not mentioned as one of the topics for discussion in the agreement.
Ministers for the federal and provincial governments and the chief of the Musqueam Indian Band officially signed the framework agreement in a special ceremony at the Musqueam Reserve in April 2005.
www.gov.bc.ca /arr/firstnation/musqueam/default.html   (319 words)

  
 Musqueam Indian Band   (Site not responding. Last check: 2007-10-09)
The Musqueam Indian Band is a First Nations government in the Canadian province of British Columbia, and is the only Indian band whose reserve lies within the boundaries of the City of Vancouver.
The Musqueam are the oldest-known residents of Vancouver.
The area of the Musqueam Reserve is the closest Hudson's Bay Company explorer Simon Fraser made it to the Strait of Georgia; he was driven back by hostile Musqueam who had had bad experiences with white men on ships just previously.
www.danceage.com /biography/sdmc_Musqueam_Indian_Band   (312 words)

  
 [No title]
The injunction was applied for in the name of the Musqueam Indian Band because of the threatened interference with their aboriginal rights to fish recognized by the Supreme Court of Canada in the 1990 Sparrow case.
He continued: “The Musqueam are very concerned about any risk of harm to the wild salmon species upon which they depend for their traditional and commercial harvesting rights.
In particular, the Musqueam are very concerned that the introduction of the virus IHN into the waters of the Fraser River could cause devastating and irreparable harm to salmon stocks and the Musqueam salmon fisheries.”
www.davidsuzuki.org /Campaigns_and_Programs/Salmon_Aquaculture/News_Releases/newsaquaculture02100201.asp   (801 words)

  
 GARDEN CITY PROPERTY MEMORANDUM OF UNDERSTANDING
The Musqueam Indian Band obtained an injunction in January, 2004 to prevent the transfer, a step which led to the current negotiations, which led to the MOU.
The Musqueam Indian Band has the option of taking sole possession of any portion of these lands, in which case the revenue sharing agreement for the joint development will be adjusted accordingly.
Further collaboration between the City of Richmond, the Musqueam Indian Band and the CLC is to be contemplated as the terms of this historic MOU are implemented.
www-comm.pac.dfo-mpo.gc.ca /pages/release/bckgrnd/2005/bg005_e.htm   (557 words)

  
 Welcome to the Vancouver Courier - On Line - News
A tenant of the Musqueam Indian Band-owned Celtic Shipyards wants the band to forgo plans to develop the eight acre site for million-dollar homes and instead preserve it for a community cultural centre.
Renowned Musqueam artist Susan Point, who has a studio in one of the buildings, wouldn't join the coalition because of the perceived conflict as tenant and member of the band.
When the band purchased the shipyards from the province more than 15 years ago, it hoped its shipbuilding venture would generate money and jobs, but failed to meet the band's goals, Campbell said.
www.vancourier.com /issues05/063105/news/063105nn7.html   (732 words)

  
 Musqueam Indian Band v British Columbia (Minister of Sustainable Resource Management) - [2005] AILR 26; 9(2)pg56   (Site not responding. Last check: 2007-10-09)
The Musqueam Indian Band (‘Musqueam’) claimed that the University of British Columbia Golf Course (‘golf course’) was one of the few remaining parcels of Crown land located in their traditional territory that could be available for treaty settlement processes.
The Musqueam sought various orders in the Supreme Court of British Columbia, including that the decisions of LWBC and the Minister regarding the sale of the golf course and an Order-in-Council of the Lieutenant Governor in Council (‘Order-in-Council’) authorising the sale be quashed.
The Crown conceded the Musqueam had a prima facie case for title over the Golf Course Land, and the report of the archaeological firm noted that the Musqueam had the strongest case of the bands in the area.
www.austlii.edu.au /au/journals/AILR/2005/26.html   (3313 words)

  
 REGINA v. POINT   (Site not responding. Last check: 2007-10-09)
The accused is a registered native Indian, not enfranchised, of the Musqueam Band, Musqueam Indian Reserve, although he lives at Steveston during the fishing season.
By demand of September 21, 1955, on behalf of the Minister of National Revenue for Taxation, the accused was requested to file a return in the form T.1 for the taxation year 1954.
The accused has proven that he is a native Indian and registered in the Indian Register as a member of the Musqueam Band of the Musqueam Indian Reserve.
library.usask.ca /native/cnlc/vol05/483.html   (563 words)

  
 UBC Community Affairs - Bridge Through Sport
Athletic and educational initiatives are jointly developed to meet the objective of using sport, educational, and social initiatives as a connection to youth in the Musqueam community and through this partnership to Aboriginal youth across British Columbia.
To support Musqueam Recreation’s vision of fostering leadership through sport, placing emphasis on the athletic activity not the result, and creating competition in a spirit of friendly rivalry that encourages youth to focus not on being the best they can be rather than focussing on being the best.
The Musqueam Indian Band provides staff support from various departments that work in conjunction with staff at UBC to develop, plan, coordinate, and co-host initiatives under "Bridge Through Sport".
www.communityaffairs.ubc.ca /bts.html   (400 words)

  
 AGREEMENT MOVES TREATY PROCESS FORWARD FOR MUSQUEAM
VANCOUVER – The governments of Canada and British Columbia and Musqueam Chief Ernest C. Campbell have signed a Framework Agreement today that completes stage three of the treaty process and outlines the topics that will be negotiated in a comprehensive modern day treaty.
The Musqueam Framework Agreement also identifies the goals of both governments and the First Nation for treaty negotiations and an agenda for Agreement-in-Principle (AIP) negotiations.
Musqueam’s main community of 1,100 members live on Musqueam Reserve #2 at the mouth of Fraser south of Marine Drive.
www2.news.gov.bc.ca /nrm_news_releases/2005TNO0003-000417.htm   (382 words)

  
 Native American at opensource encyclopedia   (Site not responding. Last check: 2007-10-09)
The name "Indians" was bestowed by Christopher Columbus, who mistakenly believed that the places he found them were among the islands in Southeast Asia known to Europeans as the Indies.
In the late nineteenth century reformers in efforts to civilize Indians adapted the practice of educating native children in boarding schools.
Indians of Central and South America are generally classified by language, environment, and cultural similarities.
wiki.tatet.com /Native_American.html   (2800 words)

  
 Canadian Developments – The Musqueam Decision: A Landmark for Indian Rights - [1985] AboriginalLB 18; 1(13)pg7   (Site not responding. Last check: 2007-10-09)
For all of its significance, the history of the case began quite innocuously.The Musqueam Indian Band, who are part of the coastal Salish Nation, occupy a reserve in their traditional territory within the Vancouver city limits adjacent to the University of British Columbia Endowment Lands.
The Department of Indian Affairs (DIA) was formally approached by the Shaughnessy Heights Golf Club in 1957 with a proposal to lease 160 acres for a golf course and country club.
Although the full band ultimately voted to approve the lease and surrender the necessary reserve land for Trial Division found that they would not have done so if they were fully informed of the terms of the lease.
www.austlii.edu.au /au/journals/AboriginalLB/1985/18.html   (1922 words)

  
 Waterose: Water Quality Analysis of Musqueam Creek for Salmon Stream Rehabilitation Project
Musqueam Creek and Cutthroat Creek (Creek System) is an urban stream system in Vancouver, B.C. that is being restored.
The Musqueam Creek Restoration Plan, prepared by Nick Page, is an assessment of the habitat that focuses on the impacts of the alterations to the stream hydrology and proposes restoration of the riparian zone to enhance fish habitat (Page,1993).
The Musqueam Creek Committee is comprised of members from the Musqueam Indian band, the Greater Vancouver Regional District (GVRD), Department of Fisheries and Oceans (DFO), and representatives from local Universities and Colleges.
www.geocities.com /Waterose_Test/creek1.html   (392 words)

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