B.C. Aboriginal agreements empower soft tyranny of legal incoherence – Fraser Institute
September 01, 2025
In April 2024, the British Columbia government agreed to recognize and affirm the Haida Nation’s Aboriginal title to the archipelago on Canada’s west coast. In December, Ottawa did likewise. These agreements signal danger, and not just on Haida Gwaii.
The agreements tell two conflicting stories. One story is that a new era has begun. Colonial occupation has ended. Haida Gwaii will be governed in accordance with Haida Aboriginal title. But the second story is that private property will be honoured, federal, provincial and local governments will continue to exercise their jurisdiction, and the province will continue to provide and pay for health, education, transportation and fire and emergency services.
On Haida Gwaii, everything has changed, but nothing will change. Though both stories cannot be true, it’s impossible to tell which is false in what respects. Who has jurisdiction over what? If you use your land in a way that complies with local government zoning but the Council of the Haida Nation prohibits it, is it prohibited or permitted? If the council requires visitors to be vaccinated, but the province does not, must they be vaccinated or not? The agreements don’t say.
