This February 2026 marks the 174th anniversary of the Douglas Treaties – a set of two agreements made between James Douglas – the first governor of British Columbia – and representatives of W̱SÁNEĆ in 1852. The parties established the first agreement – the South Saanich Treaty – on February 7th, and the North Saanich Treaty on February 11th.
While the Douglas Treaties are often cited as a source of rights for W̱SÁNEĆ — specifically the right to hunt and fish “as formerly” — these agreements hold a much deeper meaning and carry profound implications for W̱SÁNEĆ governance, land relations, and cultural continuity. Long-standing non‑implementation and misinterpretation of these treaties has caused significant harm.
As oral history has long told, Douglas and W̱SÁNEĆ created the Treaties to establish peace between settlers and W̱SÁNEĆ. Importantly, there was also a clear understanding among W̱SÁNEĆ that these agreements were based on sharing rather than surrender — that W̱SÁNEĆ would continue to hold their land and benefit from the newcomers’ use of it. This foundational belief in a relationship of mutual respect and shared prosperity stands in stark contrast to later colonial interpretations. When read alongside this oral history, the written documents set the stage for peaceful coexistence while keeping W̱SÁNEĆ’s right to hunt and fish as formerly – inherent rights given by XÁLS – intact. However, until recently, colonial entities have failed to consider this oral history. Instead, the written documents were read in isolation and widely misinterpreted as agreements to sell W̱SÁNEĆ’s traditional territories to settlers. More information about how the Douglas Treaties were established and why a discrepancy exists between the written documents and oral history is available here.
This misconception and resulting failure of colonial entities to adequately recognize the Treaties contributed to the erosion of W̱SÁNEĆ’s access to land, economic and cultural practices, and hunting and fishing practices over almost 200 years, leading to a large socioeconomic gap between W̱SÁNEĆ and settlers.
W̱SÁNEĆ have fought since the Treaties’ signing to enforce the right to hunt and fish as formerly and to establish a greater, shared understanding of the Treaties’ meaning.
In this way, the year 1987 is particularly significant. Not only did Tsawout win a 15-year legal battle in Claxton v. Saanichton Bay Marina, enshrining the right to hunt and fish as formerly in BC law, but Pauquachin, W̱JOȽEȽP (Tsartlip), Tseycum, and Tsawout drafted and signed the Saanich Indian Territorial Declaration, a document explicitly asserting W̱SÁNEĆ’s irrevocable rights and title to traditional territories and calling upon colonial governments to move forward accordingly.
In 2006, the Morris and Olsen case successfully defended the W̱SÁNEĆ Douglas Treaty with the Supreme Court of Canada recognizing that night hunting with illumination was an integral, historically rooted Tsartlip practice protected under the Treaty. The Court also held that provincial hunting laws could not override this Treaty right.
Recent efforts have also yielded important wins for the future of W̱SÁNEĆ.
W̱SÁNEĆ, for example, completed the renaming of PKOLS – the location where, in 1852, James Douglas met with W̱SÁNEĆ to discuss the Douglas Treaties. In 1858, Douglas established a government reserve called “Mount Douglas” on the land. Reinstating the name PKOLS is an affirmation of W̱SÁNEĆ’s place on and inherent rights to the land far before the establishment of the Treaties.
In another notable win, on February 4th, 2026, W̱SÁNEĆ signed a 15-year Friendship Agreement with Victoria Airport Authority (VAA) that opens space for W̱SÁNEĆ’s on lands they have been excluded from since the late 1930s.
The pages of one of the Douglas treaties, this one covering lands from Esquimalt Harbour to Point Albert along Juan de Fuca Strait.
Recognizing that local governments occupy space within W̱SÁNEĆ territory and often infringe on W̱SÁNEĆ rights, W̱SÁNEĆ communities have begun working directly with local governments to build a shared understanding of W̱SÁNEĆ rights and title. Through these learning sessions, W̱SÁNEĆ emphasize, among other key points, that the Douglas Treaties formed the basis for the surveys that established Crown title—and by extension, fee simple title—meaning they all originate from the same moment in history. If Crown title and fee simple are viewed as legitimate, then the Treaties must also be recognized as equally legitimate. Holding up and implementing one requires holding up and implementing the other.
Of particularly important note, however, is the signing of a joint statement titled ŦE,ITḴEN,IST I SȽEW̱ÁL,NOṈET SĆȺ,Í (Moving Forward and Speaking the Truth and Peace of Mind at Last) on February 25, 2025. In this statement – signed by W̱JOȽEȽP (Tsartlip), W̱SÍḴEM (Tseycum), Canada, and BC – Canada and BC acknowledge the oral history surrounding the Douglas Treaties and recognize W̱SÁNEĆ as beneficiaries of the Treaties for the first time. Canada and BC also recognize that they’ve caused harm by failing to honor W̱SÁNEĆ rights and title and commit to implementing the Treaties based on a shared understanding of their meaning going forward.
This recent string of wins in W̱SÁNEĆ is building momentum that can not only prevent further erosion of W̱SÁNEĆ’s rights but also restore parts of what was lost in the Douglas Treaties’ wake. However, there is uch more work to be done, and continued progress can only happen with the ongoing organization and collective efforts of W̱SÁNEĆ.
W̱SÁNEĆ Leadership Council (W̱LC) works every day to enhance recognition of, and respect for, W̱SÁNEĆ rights under the Douglas Treaties by supporting collaborative action among W̱SÁNEĆ. To learn more about W̱LC’s work to protect W̱SÁNEĆ’s rights and title, subscribe to W̱LC’s newsletter and explore W̱LC’s entire collection of articles about the Douglas Treaties here.
