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.