B.C. formally recognizes First Nation’s title over traditional territory

By Ian Burns ·

Law360 Canada (April 15, 2024, 2:32 PM EDT) -- In what is being characterized as a first in Canada, the B.C. government has negotiated an agreement that recognizes Aboriginal title over Haida Gwaii, an archipelago off the coast of the provincial mainland where the Haida people have lived for over 12,000 years.

B.C. and the Council of the Haida Nation (CHN) signed the Gaayhllxid • Gíhlagalgang “Rising Tide” Haida Title Lands Agreement on April 14. Title recognition shifts the ownership and jurisdiction of land from the Crown to the Haida Nation in Crown law. The agreement provides for a staged implementation of the title, which the province said will create stability and certainty for all residents of Haida Gwaii.

Premier David Eby said the signing of the agreement was a milestone more than 20 years in the making.

“We are moving beyond a place where the Haida Nation’s rights were denied to a place where they are recognized and upheld,” he said. “This agreement offers greater stability for the people of Haida Gwaii with a step-by-step path forward as we continue our work to build a brighter, more secure future for everyone.”

The CHN and the B.C. government have been working actively since 2021 to formally recognize Haida's Aboriginal title in Haida Gwaii. The staged approach reflected in this agreement means that the CHN and B.C. can determine in a planned and orderly way how the title will be implemented.

The agreement explicitly protects and maintains private property rights and existing government services and infrastructure in Haida Gwaii. Private property interests are confirmed and are not affected by the agreement, and local governments, public infrastructure, programs and services will continue under current B.C. laws. Highways, airports, ferry terminals, health care and schools are not affected, and Haida Gwaii residents will continue to receive municipal services and pay property taxes in the same way they do today.

Gaagwiis Jason Alsop, Haida Nation president, said reaching the agreement has been no small feat.

“It’s really a monumental stride, building on the work of past leaders of the Haida Nation and B.C. We have always asserted our sovereignty to Haida Gwaii and the surrounding waters,” he said. “With this agreement in place, we are able to work toward implementing our title without conflict, based on yahguudang / yahgudáng (respect), with our ownership being properly recognized. Our work will benefit not only the lands, water, people and all beings of Haida Gwaii but the province and Canada as well. This is a good day.”

Under the agreement, provincially issued leases, permits and other approvals to use Crown lands and recreational access remain in effect over a several-year transition period, with future management to be negotiated with input from communities, businesses and residents.

The Gaayhllxid • Gíhlagalgang “Rising Tide” Haida Title Lands Agreement builds upon past agreements. In 2021, the CHN, B.C. and Canada signed the GayGahlda • Kwah.hlahl.dáyaa “Changing Tide” Framework for Reconciliation, which signalled the three governments’ intention to work to resolve litigation around Haida Aboriginal title through negotiations and agreements.

In 2023, the governments entered the Nang K’uula • Nang K̲'úulaas Recognition Agreement, which recognizes the Haida Nation as the holder of Haida Nation title and rights and the CHN as the governing body of the Haida Nation.

“Haida Gwaii is a unique part of our province. There are a number of factors that have created ideal conditions for an agreement with the Council of the Haida Nation recognizing Aboriginal title,” said Murray Rankin, the province’s minister of Indigenous relations and reconciliation. “What we’ve achieved on a government-to-government basis shows we can work to resolve matters through negotiations rather than having to turn to the courts. I am excited about what we have built together. It will continue to benefit everyone who calls Haida Gwaii home.”

Haida citizens voted 95 per cent in favour of the agreement at a special assembly on April 6, 2024. Later this month, B.C. will introduce supporting legislation to formally recognize Haida Aboriginal title in provincial law.

If you have any information, story ideas or news tips for Law360 Canada please contact Ian Burns at Ian.Burns@lexisnexis.ca or call 905-415-5906.