`An incredible explosion of joy on Haida Gwaii right now'
Deal over Aboriginal title is being called a milestone for reconciliation efforts
A historic agreement that formally recognizes Haida Gwaii's Aboriginal title reached between the B.C. government and the Haida Nation is being hailed as a milestone that offers a new way forward for reconciliation.
The Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement was reached before a 2026 court date between the two governments and without the involvement of courts or the treaty process.
The deal sets out a framework around ownership of private property, and a two-year transition process for issues of jurisdiction in the areas of land and wildlife management, and local governance.
The agreement will not affect the delivery of public services including health, education, transportation, and fire and emergency services.
Here are five things to know about the agreement:
WHAT DID THE PARTIES AGREE TO?
“The agreement has several elements, the most significant for the Haida, and for the country, is that the province recognizes Aboriginal title on Haida Gwaii, and throughout the terrestrial area,” said Louise Mandell, a legal counsel and Aboriginal title and rights expert who worked on the agreement with the Haida.
This is the recognition of inherent hereditary rights that pre-existed the arrival of settlers.
“Now we don't have to litigate the obvious. The province has recognized that the Haida have Aboriginal rights over Haida Gwaii,” said Mandell. Since the 1970s, when the Nisga'a Nation brought the title case of Calder v. British Columbia, several important Aboriginal rights and title cases have worked their way through the courts. The courts have gradually recognized Aboriginal rights to the land existed before colonization, before the existence of statutes, legislative bodies and legislation. “Now we don't have to fight about if there is a recognition of title,” said Mandell. “It's a recognition by the province of a constitutional right, it's bigger than a simple agreement and can't be changed if someone changes their mind.”
WHAT DOES THIS MEAN IN PRACTICAL TERMS?
Over the next two years the Crown will gradually vacate “jurisdictional space” and Haida laws will govern Haida Gwaii.
“The land is no longer Crown land, the timber is no longer Crown timber, the wildlife is no longer Crown wildlife, it's Haida land, timber and wildlife.”
There will be no overnight change in practical terms: Crown laws and collaborative decision-making models already in place will continue throughout the transition, said Mandell.
What has changed overnight, is the recognition that Haida Gwaii is Haida land, said Mandell.
“There is an incredible explosion of joy on Haida Gwaii right now. A feeling of respect, a feeling of having been brought back to right relations where the Haida have been recognized as the original people with title to the land.” Mandell said the changes won't come with the flip of a switch. During the transition, the Haida will eventually pass their own equivalent of what is now presently in place through provincial legislation, and those lands will transfer to the jurisdiction of the Haida legal system, and the province's laws will be amended.
“Over time there will be changes and amendments, but as of today, things stay as they are.”
HOW IS THIS DIFFERENT THAN A TREATY?
“A treaty is a kind of final reconciliation. When you've got a treaty, you look to the treaty to determine the ultimate relationship between the Crown and the nation.” This is a step in a continuing process of reconciliation, said Mandell. This 13-page agreement covers only “terrestrial” Haida Gwaii. One significant missing piece of the puzzle is the federal government, in part, said Mandell, because the federal government was unable to “keep pace” with the pace at which the provincial government wanted to move.”
“They haven't signed on to this. There are still issues involving marine space and taxation that are things that are still outstanding,” said Mandell. “We fully expect the federal government will join, but they weren't ready when we were.”
WHAT ABOUT PRIVATE PROPERTY?
In the agreement, the Haida agree to recognize private property, and states that any acquisition of that property “by the council of the Haida Nation will only be done on a seller-willing basis, by gift or will.”
“Property, rights, title interest, will continue under provincial law in Haida Gwaii,” said Mandell.
Mandell said the Haida's recognition of simple ownership is immutable, and will be encased in provincial law.