Five things to know about BC’s land title agreement with the Haida Nation

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A historic agreement formally recognizing Haida Gwaii Aboriginal title reached between the British Columbia government and the Haida Nation is being hailed as a milestone that offers a new path forward for reconciliation.

He Gaayhllxid • Gíihlagalgang The “Rising Tide” Haida Titled Land Agreement was reached before a 2026 court date between the two governments and without the involvement of the courts or the treaty process.

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The agreement establishes a framework around private property and a two-year transition process for jurisdiction issues in the areas of land and wildlife management, and local governance. The agreement will not affect the provision of public services, including health, education, transportation, and fire and emergency services.

Here are five things to know about the deal:

What did the parties agree?

“The agreement has several elements, the most significant for the Haida and for the country is that the province recognizes Aboriginal title over Haida Gwaii and the entire land area,” said Louise Mandell, legal advisor and expert on Aboriginal title and rights. that she worked on the agreement with the Haida.

This is the recognition of inherent hereditary rights that preexisted the arrival of the settlers.

“Now we don’t have to litigate the obvious. The province has recognized that the Haida have Aboriginal rights over Haida Gwaii,” Mandell said.

Since the 1970s, when the Nisga’a Nation brought the title case Calder v. British Columbia, several important Aboriginal rights and title cases have come to court. The courts have gradually recognized that Aboriginal land rights existed before colonization, before the existence of statutes, legislative bodies and legislation.

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“Now we don’t have to fight over whether the title is recognized,” Mandell said. “It is a recognition by the province of a constitutional right, it is bigger than a simple agreement and cannot be modified if someone changes their mind.”

What does it means in practical terms?

Over the next two years, the Crown will gradually leave “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 is Haida land, timber and wildlife.”

In practical terms, there will be no overnight changes – the Crown laws and collaborative decision-making models already in place will continue throughout the transition, Mandell said.

What has changed overnight is the recognition that Haida Gwaii is Haida land, Mandell said.

“Right now there is an incredible explosion of joy on Haida Gwaii. A feeling of respect, a feeling of having returned to the right relationships where the Haida have been recognized as the original people with title to the land.”

Mandell said changes won’t come with the flip of a switch. During the transition, the Haida will eventually pass their own equivalent of what is currently in place through provincial legislation, and those lands will be transferred to the jurisdiction of the Haida legal system, and the laws of the province will be amended.

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“Over time there will be changes and amendments, but today things remain as they are.”

How is this different from a treaty?

“A treaty is a kind of final reconciliation. “When you have a treaty, you look at it to determine the ultimate relationship between the Crown and the Nation.”

This is one step in an ongoing process of reconciliation, Mandell said: “We’re not done yet.”

This 13-page agreement only covers the “terrestrial” Haida Gwaii. An important missing piece of the puzzle is the federal government, in part, Mandell said, because the federal government couldn’t “keep up with the pace at which the provincial government wanted to move forward.”

“They have not adhered to this. There are still issues related to marine space and taxes that are still outstanding,” Mandell said. “We fully expect the federal government to come on board, but they weren’t ready when we were.”

What about private property?

In the agreement, the Haida agree to recognize private property and state that any acquisition of that property “by the council of the Haida Nation shall only be made on the basis of the will of the seller, by gift or will.”

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“Ownership, rights and title rights will continue under provincial law in Haida Gwaii,” Mandell said.

Mandell said the Haida’s recognition of freehold ownership is immutable and will be included in provincial law.

Could this set a precedent for agreements with other nations?

“There may be elements of this agreement that could work in other territories or situations,” Mandell said. “Once something is done, it can be done again.”

What made this “comfortably” possible for the Haida Nation, Mandell said, was that there are no overlapping claims with other nations, no other nation claims territory in the same area.

Mandell said the impending court case and the Crown’s awareness of the strength of Haida’s title claim made the deal attractive and worked well in part because of “decades of successful Haida Gwaii collaborative management and decision-making structures.” existing collaboratives. “It’s basically a good system that is already in place.”

While this agreement is not “a model for other nations,” recognition of the title could have a positive ripple effect.

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On Haida Gwaii, only two percent of the land is freehold or privately owned.

“It could be very different in another area where most of the land is already privately owned,” Mandell said.

Mandell said the British Columbia government will introduce legislation in the spring to enshrine the changes in law.

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