Federal government affirms Aboriginal title over Haida Gwaii

The federal government has reached a historic agreement with the Haida First Nation to recognize Aboriginal title over the archipelago of Haida Gwaii off British Columbia’s northern coast.

Crown-Indigenous Relations Minister Gary Anandasangaree stated that this marks the first time the federal government has acknowledged Aboriginal title through negotiations.

Describing it as a “hugely significant” achievement, Anandasangaree believes that this agreement will reset the relationship in a “very meaningful way.”

The Big Tide Haida Title Lands Agreement confirms the Haida’s Aboriginal title over all lands, freshwater bodies, and foreshores of the islands up to the low-tide mark.

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What historic agreement signed in Haida Gwaii will mean for other First Nations

The agreement involves transferring Crown-title land to the Haida people, granting them a legal right to the land. This transfer of title will impact how courts interpret disputes.

Anandasangaree explained that a five-year transition period will commence, requiring legislation to address the practical application of the agreement.

The government pledges to collaborate respectfully with the Haida Nation on matters concerning Haida Gwaii. Both parties have agreed on an “orderly and incremental” transition to provide stability for residents and other stakeholders.

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Last year, a similar recognition of Aboriginal title was granted by the B.C. government, resolving a long-standing dispute that began with a logging blockade and evolved into a legal battle.

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Political Panel: Implications of historic Haida Nation agreement

Since 2021, the three parties have been negotiating to address matters that would otherwise result in litigation.

An advance capital transfer of $59 million was provided by Canada to the Haida for governance capacity building.

About 15% of Haida Gwaii is under federal ownership, including a national park and Haida heritage site, while another 2% is owned by other entities.

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Hundreds attended a ceremonial totem pole raising and potlatch in Haida Gwaii this weekend

The government announced the title agreement between the Haida First Nation and B.C. last April.

Haida Nation President Jason Alsop views the new law in B.C. as a “step toward peaceful coexistence” with the province.

In April, Alsop expressed the nation’s intention to manage Haida Gwaii’s economy in line with its values and traditions, focusing on sustainability rather than exploitation of the land and sea.

The provincial Opposition B.C. Conservative Party criticized the agreement, suggesting it exposes private landowners to the authority of Haida law in the future.

Contrarily, the First Nations Leadership Council in B.C. clarified that the agreement does not impact private property rights.

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Great white shark washes up on coast of Haida Gwaii

Anandasangaree dismissed concerns about the impact on landowners as mere “noise.” He assured that private title rights will remain unaffected, ensuring the continuity of property transactions and legal processes.

The federal Haida Nation Recognition Act was enacted last year. The ministry confirmed that Haida lands designated as reserves under the Indian Act will remain under federal jurisdiction until negotiations are initiated by the Haida council, Old Massett Village, Skidegate bands, and members.

This report by The Canadian Press was originally published on February 17, 2025.

— With files from Kyle Duggan in Ottawa.

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