VICTORIA, BC: The legislation that recognizes the Haida Nation’s Aboriginal title throughout Haida Gwaii received royal assent in the B.C. legislature on Thursday, May 16, 2024.
It is the first law of its kind in Canadian history. “The Gaayhllxid/Gíihlagalgang “Rising Tide” Haida Title Lands Agreement upholds the nation’s right over the land of Haida Gwaii under Section 35 of the Constitution — which affirms the rights of Indigenous people,” according to a CBC report.
“Negotiating the acknowledgment of Haida title with the Province of B.C. not only marks a welcome departure from an adversarial court process, but also uplifts the honor of the Crown by resolving the issue through negotiation rather than litigation,” said Gaagwiis, Jason Alsop, President of the Haida Nation. “That clarity of vision and purpose that was present at the negotiation table will further enable both governments to address the realities on the ground. Putting the question of title to rest enables us to embark on building a future with all the peoples of Haida Gwaii based on our relationship to the land and sea.”
The legislation confirms the Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement, a first-of-its-kind negotiated agreement between the Haida Nation and B.C. The legislation, the Haida Nation Recognition Amendment Act, 2024, recognizes Haida’s Aboriginal title throughout Haida Gwaii. The legislation also supports the agreement’s implementation approach, which provides for a staged transition to Haida jurisdiction, while also protecting and maintaining private property rights and existing government services and infrastructure in Haida Gwaii.
“For the first time in Canadian history, Aboriginal title is being recognized and it’s happening here in British Columbia,” said Premier David Eby. “It was a long road to get here, spanning more than two decades and multiple governments. This agreement represents our path forward together, as we continue working to create prosperity and opportunity for the Haida Nation, all residents of Haida Gwaii and the people of British Columbia.”
Over the next several years, the Council of the Haida Nation and the Province will work together and negotiate how provincial and Haida Nation laws can work together. Local governments, residents and others will have opportunities to have input in the discussions. Over the transition period, land and resource decisions will continue to be made through existing processes.
“Reconciliation requires all of us to work together. As we move forward with this legislation and agreement as the foundation for this work, I hope everyone recognizes this as a historic and positive step forward for Haida Gwaii residents, businesses and British Columbians,” said Murray Rankin, Minister of Indigenous Relations and Reconciliation. “After careful deliberation by the legislature, we are doing what the courts have asked us to do. This is truly an extraordinary moment that we are witnessing.”
Since the 2021 GayGahlda • Kwah.hlahl.dáyaa “Changing Tide” Framework for Reconciliation, the Council of the Haida Nation (CHN) and the Government of B.C. have been actively working on a negotiation approach to formally recognize Haida Aboriginal title in Haida Gwaii. The staged approach reflected in the legislation means that the CHN and B.C. can determine in a planned and orderly way how that title will be implemented. The legislation is expected to come into force in 2024.
The agreement is explicit: Recognizing Aboriginal title will not impact anyone’s private property, or local government jurisdiction, bylaws and local government lands in Haida Gwaii. Provincial laws continue to apply.
Provincial leases, permits or other approvals to use areas of Crown land remain in effect. There is no change for private property, local governments, or public infrastructure, programs or services.
Airports, ferry terminals, highways, public infrastructure, health-care services and schools are not affected. Provincial and municipal services will continue as they are, including health, education, transportation, fire and emergency services.
