Historic B.C. legislation introduced recognizing Haida Aboriginal title
Press Release
April 22, 2024
VICTORIA – A historic piece of legislation that recognizes the Haida Nation’s Aboriginal title throughout Haida Gwaii, and the first to recognize Aboriginal title in Canadian history, was introduced to the B.C. legislative assembly on Monday, April 22, 2024.
The introduction confirms the historic Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement, a first-of-its-kind negotiated agreement between the Haida Nation and British Columbia. The new 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 protecting and maintaining private property rights and existing government services and infrastructure on Haida Gwaii.
President of the Haida Nation Gaagwiis Jason Alsop, who was part of a delegation of Haida Nation citizens present in the B.C. legislative chamber, spoke to members of the legislative assembly from the floor about the impact the legislation will have on the Haida Nation.
“We have always upheld our inherent title to Haida Gwaii and surrounding waters in the face of resistance from Crown governments. But today, with recognition of our title to Haida Gwaii — in provincial law — we take another step toward peaceful coexistence with British Columbia. Once this legislation is passed we can work toward implementing our vision for Haida Gwaii without conflict, based on yahguudang/yahgudáng respect,” Gaagwiis said. “For years, we’ve envisioned and worked towards re-establishing an economy that aligns with our values and traditions — one that sustains rather than exploits the land and sea. We can now take hold of that vision and create a future where the land and sea will nurture us for generations to come. B.C.’s leadership and commitment to making things right after over 150 years of denial is an honourable act.”
Over time, the Province and Haida Nation will negotiate agreements about how different aspects of governing Haida Aboriginal title lands shift to Haida Nation. Future provincial legislation will be required to provide for how the two governments’ laws and jurisdictions will be reconciled.
“Today, we recognize the Haida Nation’s Aboriginal title rights in the laws of this province, marking a historic first in Canada,” said Premier David Eby. “This landmark agreement will raise all boats by creating opportunity and prosperity for the Haida Nation and all residents of Haida Gwaii, as well as the province as a whole. Work over the past two decades led up to this point, and that work will continue as we do the important implementation of this major agreement.”
Since the 2021 GayGahlda • Kwah.hlahl.dáyaa “Changing Tide” Framework for Reconciliation, Council of the Haida Nation (CHN) and the Government of B.C. have been working on a negotiation approach to formally recognize Haida Aboriginal title on Haida Gwaii. The staged approach reflected in this legislation means that the CHN and B.C. can determine in a planned and orderly way how that title will be implemented.
“Today, I am thrilled to introduce this legislation alongside members of the Haida Nation in the B.C. legislature. This marks a major milestone in our government-to-government relationship, and in Crown relations with First Nations across Canada,” said Murray Rankin, Minister of Indigenous Relations and Reconciliation. “This legislation formally recognizes Haida Aboriginal title, creates stability and certainty for all residents of Haida Gwaii, and is a foundational step in the journey toward reconciliation.”
Haida citizens voted 95% in favour of the “Rising Tide” Haida Title Lands Agreement at a special assembly on April 6, 2024, and the Council of the Haida Nation and B.C. signed the agreement in a ceremony on Haida Gwaii on April 14, 2024 (see release titled Haida Nation, B.C. recognize Haida Aboriginal title, a historic first in Canada on April 14, 2024): https://news.gov.bc.ca/releases/2024PREM0020-000560
Pending approval of the of the legislation, it is expected to be enacted later this year.
Learn More:
Learn more about the Haida Nation: www.haidanation.ca/
Haida Title Lands Recognition Agreement: https://gov.bc.ca/HaidaTitle
Two backgrounders follow.
Contacts:
Bhinder Sajan
Deputy Communications Director
Office of the Premier
Bhinder.Sajan@gov.bc.ca
Leanne Ritchie
Ministry of Indigenous Relations and
Reconciliation
Leanne.ritchie@gov.bc.ca
250 896-4348
Simon Davies
Director of Communications
Council of the Haida Nation
simon.davies@haidanation.com
250 637-1130
BACKGROUNDER 1
Facts about the agreement, Haida Gwaii
- The Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement and this legislation builds upon past agreements.
- In 2021, the Council of the Haida Nation (CHN), B.C. and Canada signed a framework, which signalled the three governments’ intention to work to resolve litigation around Haida Aboriginal title through negotiations and agreements.
- In 2023, the governments entered an 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.
- CHN has been the governing body for the Haida Nation for 50 years.
- Haida Gwaii is located approximately 100 kilometres west of the northern coast of British Columbia, and is a group of more than 200 islands, totalling approximately one million hectares (3,750 square miles).
- The Haida have been on Haida Gwaii for millenia.
- CHN was formed in 1974 and the Constitution of the Haida Nation was formally adopted in 2003.
- The constitution mandates the CHN to conduct the external affairs of the Haida Nation and to steward the lands and waters of Haida Gwaii on behalf of the Haida Nation, ensuring that the Haida relationship with Haida Gwaii continues in perpetuity.
- The CHN has negotiated and signed agreements with other coastal First Nations, non-governmental organizations and local communities and continues to work on agreements with both the federal and provincial governments.
Contacts:
Bhinder Sajan
Deputy Communications Director
Office of the Premier
Bhinder.Sajan@gov.bc.ca
Leanne Ritchie
Ministry of Indigenous Relations and
Reconciliation
Leanne.ritchie@gov.bc.ca
250 896-4348
Simon Davies
Director of Communications
Council of the Haida Nation
simon.davies@haidanation.com
250 637-1130
BACKGROUNDER 2
What people are saying about Haida Title Lands Agreement, Haida Nation Recognition Amendment Act, 2024
Puglaas, Jody Wilson-Raybould, PC, OBC, KC, author; former attorney general of Canada –
“The recognition and implementation of First Nations title to their territories is central and essential to building our shared, just, stable and prosperous future in British Columbia. I hold my hands up to the Haida for once again helping to lead the way. I also encourage and look forward to seeing British Columbia, and Canada, take further steps in transforming laws, policies and practices that will see the acceleration of agreements that recognize and implement the title and rights of First Nations across British Columbia.”
Miles Richardson, chair and director, National Consortium for Indigenous Economic Development, University of Victoria; past president of the Council of the Haida Nation –
“After over 200 years of denying the obvious, B.C. is recognizing continuing inherent Haida Title to the lands of Haida Gwaii. Also, for the first time, the Haida Nation is formally recognizing and accepting other residents of Haida Gwaii as valued neighbours. Let’s celebrate, then get on with the important work of building a future together based on mutual recognition and respect while protecting this wonderful place we call home.”
Grand Chief Stewart Phillip, president, Union of British Columbia Indian Chiefs –
“Congratulations to the Haida Nation and the Province of B.C. for their incredible, visionary leadership in recognition of Aboriginal title. The introduction of today’s legislation is an absolute game-changer. The Crown has finally realized that we need to work together, and that we are truly all here to stay. The Gaayhllxid • Gíihlagalgang ‘Rising Tide’ Haida Title Lands Agreement and related legislation demonstrate that recognition of Aboriginal title creates certainty, and is a tangible goal for all First Nations in B.C. This legislation shows that the treaty model is not the only path for reconciliation in the province.”
Cheryl Casimer, First Nations Summit political executive –
“The significance of the Gaayhllxid • Gíihlagalgang ‘Rising Tide’ Haida Title Lands Agreement, and the accompanying legislation to implement it, cannot be understated as it represents the first time in Canadian history that the inherent and Aboriginal title of a First Nation to every square inch of its territory has been recognized by a public government. We commend the Haida Nation and the Government of B.C. for concluding this historic agreement and legislation. We are greatly encouraged by the recognition provided for in the agreement and the draft legislation, which will significantly level the playing field in future negotiations between the Haida Nation and B.C. to reconcile their respective jurisdictions over Haida Gwaii. We hope to see this new approach to recognition and reconciliation replicated throughout the B.C. treaty negotiations framework.”
Regional Chief Terry Teegee, BC Assembly of First Nations –
“Congratulations to the people of the Haida Nation and the Province of British Columbia as this historically significant legislation recognizing Aboriginal title is brought forward into the B.C. legislature. This commitment to truth and reconciliation not only acknowledges past injustices, but also lays the groundwork for future negotiations that will promote mutually beneficial relationships between sovereign Nations, paving the way for respectful dialogues and equitable outcomes.”
Khelsilem, Council Chairperson, Squamish Nation Council –
“I commend the Haida Nation for their centuries-long perseverance, culminating in the affirmation and implementation of their Indigenous Peoples’ title. Their journey, like a tiny sapling to a flourishing old-growth forest, symbolizes the transformative power of the change they’ve been working toward for generations. This achievement sets an important milestone in advancement of positive relations between B.C. and Indigenous Peoples, lighting a pathway for all in the struggle for the full recognition of Indigenous Peoples’ title and rights.”
Steven Point, UBC chancellor and former B.C. lieutenant-governor –
“I am very honored to be asked to comment on this historic moment in Haida and B.C. history. Land claims can only proceed if we can come the table with reconciliation and truth as our guiding principles. The Haida are now leading the way to resolving this long outstanding issue among B.C. First Nations. I am grateful for their hard work and leadership.”
David Suzuki, award-winning scientist, environmentalist and broadcaster –
“It is fitting that this historic occasion happens on Earth Day. The recognition of the Haida Nation’s title represents a fundamental shift in our relationship with the Earth and provides a model for how we can restore a balance between people and place. The Haida know the proper balance – they have been connected to these lands for thousands of years. Humanity has created a global crisis of the twin issues of climate change and species extinction and we need a new relationship with the planet that Indigenous people all over the world understand. As a settler in B.C., I am grateful to the Haida for hanging on to their culture that defines their place and their relationship to it, and I congratulate the government for taking this much needed step. This is the right way forward – for Indigenous Peoples, and for Mother Earth.”
John Borrows, Loveland chair in Indigenous Law, University of Toronto Law School –
“The Rising Tide Title Agreement is a tribute to Haida strength, creativity and resilience. It highlights the importance of democratic deliberation, persuasion and participation. The agreement demonstrates that First Nations and provincial laws can be harmonized through mutual recognition, respect and reconciliation.”
Mike Harcourt, OC, former B.C. premier –
“The key to the future has and continues to lie in First Nations and British Columbia building the new relationship by planning together, recognizing jurisdiction and sharing expertise. The ‘Rising Tide’ Haida Lands Title Agreement shows what can be done when the parties work with good faith and respect. The Haida Nation and B.C. have together embraced an incremental approach where they can resolve issues chapter by chapter, allowing progress without awaiting the conclusion of exhaustive and costly litigation.”
Contacts:
Bhinder Sajan
Deputy Communications Director
Office of the Premier
Bhinder.Sajan@gov.bc.ca
Leanne Ritchie
Ministry of Indigenous Relations and
Reconciliation
Leanne.ritchie@gov.bc.ca
250 896-4348
Simon Davies
Director of Communications
Council of the Haida Nation
simon.davies@haidanation.com
250 637-1130
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