British Columbia has officially recognized Aboriginal title to the Haida Nation over the islands of Haida Gwaii with a draft agreement that has been 50 years in the making.
The agreement, called Gaayhllxid Gíihlagalgang “Rising Tide” Haida Title Lands Agreement, officially recognizes and affirms the nation’s right over the land of Haida Gwaii under Section 35 of the Constitution — which affirms the rights of Indigenous people.
“Our people have been asserting and upholding our title and rights and jurisdiction over all these years,” said Gaagwiis Jason Alsop, president of the Council of the Haida Nation.
“This is a step in towards trying to find a path forward for more of a peaceful coexistence with … the Haida Nation, Haida people and the people who make Haida Gwaii home.”
The agreement sets out a new set of rules for how land will be governed on Haida Gwaii — along with a two-year transition process that will focus on how land resource decision-making will be addressed, starting with protected areas, fishing lodges and forestry, according to the document.
“It really will create the space to continue to further develop and refine our Haida law or a way of managing the land based on Haida history, culture and values,” Gaagwiis said.
The deal will allow for a shift in land management that will not come into conflict with provincial laws, he said.
However, some jurisdictional responsibilities, such as health, education, transportation and fire and emergency services, will remain in the hands of the province and municipalities on Haida Gwaii, and the agreement won’t impact current municipal boundaries or functions.
“We recognize we are an island. There’s a lot of services and parts of managing the islands that are going to take time to build up the revenues and the capacity,” Gaagwiis said.
The agreement is laid out in a way that the nation will be able to prioritize its focus on land management as it takes over responsibilities, he said. It also helps settle part of current Haida title court proceedings that were first filed by the nation in 2002, when it asserted its title rights over the land, water and air of Haida Gwaii.
Gaagwiis said a court date has been set in 2026 for proceedings between the Haida Nation and the provincial and federal governments.
“Recognizing Aboriginal title isn’t in conflict with people who live on our territories,” he said.
Private property rights guaranteed
The agreement says free simple interests — such as private property — will not be infringed and will remain under the jurisdiction of the provincial government.
In a statement posted on its website on March 22, the opposition B.C. United party expressed concern over the draft agreement from its leader, Kevin Falcon, and from Michael Lee, the party’s shadow minister for the attorney general, and for Indigenous relations and reconciliation.
The statement said the agreement would affirm the Haida Nation title in “manner unprecedented in Canadian law” and would lead to concerns over private property rights and control of Crown land.
The First Nations Leadership Council, which consists of executives from the B.C. Assembly of First Nations, the First Nations Summit and the Union of B.C. Indian Chiefs, said in a news release on Monday that the statement from the B.C. United party aimed to mislead, instil fear and derail the draft agreement.
“The agreement is progressive and will promote harmonious coexistence, partnership, and prosperity, and is a win for all British Columbians,” said the release from the council.
“We believe that private property is 100 per cent protected and will always be, going forward, protected,” said Minister of Indigenous Relations and Reconciliation Murray Rankin.
Rankin said the deal will provide more certainty for people who live and operate businesses on Haida Gwaii about how land is managed.
“Haida [Nation] will have more say over land-use decisions because of the existence of Aboriginal title on what we call Crown land,” he said.
What this will look like will be negotiated over the next two years, Rankin said, as the agreement is transitioned to the Haida Nation, and will include an “enormous amount of engagement with those affected.”
Significant milestone
“Willing to recognize all of Haida Gwaii, I think, is also significant,” said Clifford Atleo, an assistant professor of environmental management at Simon Fraser University who is Nuu-chah-nulth and Tsimshian.
During B.C. treaty negotiations with First Nations in the mid-2000s, he said, the provincial government offered communities only between five and eight per cent of their claimed territory.
Atleo said the current NDP government seems to show more of a willingness to engage in these kinds of negotiations.
“This is the beginning of another process that’s going to involve years and years of negotiations, but I think it’s an important milestone,” he said.
The Haida Nation has scheduled a house assembly on April 6, when its citizens can vote on whether to ratify the draft agreement.