Agreement on Haida Aboriginal Title

Last updated on April 22, 2024

For over 20 years, the Haida Nation and the Province of B.C. have been engaging constructively on new, successful approaches to reconciliation. These have included jointly managing aspects of natural resource and land-use decision-making on Haida Gwaii.

In that time, the Province and the Council of the Haida Nation have completed several reconciliation initiatives, including the groundbreaking Kunst’aa Guu-Kunst’aayah Reconciliation Protocol (PDF, 430KB) in 2009. The protocol, and the accompanying Haida Gwaii Reconciliation Act, ushered in shared decision-making between the two governments, in forestry and protected area management on Haida Gwaii.

The Council of the Haida Nation and the Province have been preparing for a court case on the question of Aboriginal title on Haida Gwaii since 2002, while also trying to find a solution through negotiations.

Several positive steps towards making things right have been taken so far. In 2021, the Haida Nation, the Province, and Canada signed the GayGahlda • Kwah.hlahl.dáyaa "Changing Tide" Framework for Reconciliation (PDF, 1.7MB). In 2023, the Haida Nation, Canada, and the Province entered the Nang K’uula • Nang K̲'úulaas Recognition Agreement (PDF, 2.5MB), which recognizes the Haida Nation as the holder of Haida Title and Rights, and the Council of the Haida Nation as the governing body of the Haida Nation.

A shared goal in talks over the past few years has been to formally recognize Haida Aboriginal title through a negotiated agreement. An agreement on the next phase of Aboriginal title implementation has been reached and was signed on April 14, 2024.

The agreement – along with supporting legislation to be introduced in Spring 2024 – will formally recognize Haida Aboriginal title throughout Haida Gwaii.

Learn more:

What does recognizing Aboriginal title mean?

Recognizing Haida Aboriginal title means provincial Crown land on Haida Gwaii is formally recognized as Haida Aboriginal title lands. Over time, the Province and Haida Nation will negotiate agreements about how different aspects of governing that land shift to Haida Nation.

Over the next several years the Council of the Haida Nation and the Province will work together and negotiate how provincial and Haida Nation laws can work together. Local governments, residents and others will have opportunities to have input into those discussions. Over this transition period, land and resource decisions will continue to be made through existing processes.

The agreement is explicit: recognizing Aboriginal title will not impact anyone’s private property, or local government jurisdiction, bylaws and local government lands on Haida Gwaii.

Provincial laws continue to apply. Provincial leases, permits, or other approvals to use areas of Crown land remain in effect. There is no change for private property, local governments, or public infrastructure, programs, or services.

Airports, ferry terminals, highways, public infrastructure, health care services, and schools are not impacted. Provincial and municipal services will continue as they are today, including health, education, transportation, fire and emergency services.

Agreement scope

Once the legislation is approved by the Legislature and the agreement and legislation come into effect, they will

Recognize and affirm that Haida Nation has Aboriginal title throughout all of Haida Gwaii
Enable Haida Nation and B.C. to determine how the two governments’ laws work together to guide decisions about land and resources on Haida Gwaii
Include a transition period where Haida Nation and the Province continue to use their existing shared decision-making bodies and processes, including the Solutions Table and Haida Gwaii Management Council, to make the necessary land and resource decisions
Enable Haida Nation and the Province to negotiate subsequent agreements that provide clarity for managing the land base to ensure the sustainability of Haida Gwaii for all residents and the generations to come.

The agreement also provides that

Private property – residential, commercial or industrial – is not affected by the recognition of Haida Aboriginal title. Privately owned land (fee simple property) remains under provincial jurisdiction, and the recognition of Haida Aboriginal title will not change any rights associated with it.
Existing interests and approvals on Crown land on Haida Gwaii (e.g., permits, leases, park use permits, etc.) will continue through the transition period.
Local government decision-making and administrative processes like business licences, building permits, zoning or taxation will continue as is.
Key infrastructure like airports, ferry terminal and highways, continue to be operated and maintained by the Province
Provincial and municipal services provided on Haida Gwaii, including health, education, transportation, fire and emergency services, also continue as they are.

Why this approach?

The Haida Nation has a very strong Aboriginal title case to Haida Gwaii. Rather than waiting for the uncertainty of a court decision declaring title, it is in the public interest of everyone on Haida Gwaii to work together on a solution – one that recognizes Haida Aboriginal title to lands on Haida Gwaii, while confirming the existing private property, local government, and business interests of everyone on Haida Gwaii.

Recognizing Aboriginal title is another foundational step in reconciliation for the Haida Nation and the Province, decades in the making.

Will changes be immediate?

After the legislation is approved by the Legislature, Haida Gwaii will be recognized as Haida Aboriginal title land on the effective date of the agreement. Further changes will happen over time - during a transition period of several years. Over the transition period, decisions about the use of Haida Aboriginal title lands will continue as they are now, using collaborative decision-making processes with Haida Nation that have been in place since 2010.

Information sessions

The Province engaged with many different groups about the draft agreement, including local governments and businesses, industry and tourism operators, residents and property owners to share more about the agreement and our work with Haida Nation.

Community meetings open to all residents of Haida Gwaii were held in March and April 2024 in Daajing Giids, Port Clements, Masset and Sandspit.

To learn more, read:

the open letter to residents of Haida Gwaii (March 15, 2024)

the second open letter to residents (March 28, 2024)

Questions or comments?

If you would like to receive updates, have any questions, comments or would like more information, please email IRRCoastNegotiations@gov.bc.ca.

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The B.C. Public Service acknowledges the territories of First Nations around B.C. and is grateful to carry out our work on these lands. We acknowledge the rights, interests, priorities, and concerns of all Indigenous Peoples - First Nations, Métis, and Inuit - respecting and acknowledging their distinct cultures, histories, rights, laws, and governments.

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