Haida Nation signs first-of-its-kind Aboriginal title agreement with Canada

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The Haida Nation and the Government of Canada signed a historical agreement on Feb. 17, affirming Haida Aboriginal title on Haida Gwaii, including the islands’ land, beds of freshwater bodies, and foreshores to the low-tide mark.

President of the Haida Nation Gaagwiis Jason Alsop said the milestone Chiix̲uujin/Chaaw K̲aawgaa “Big Tide (Low Water)” Agreement, which was initiated in 1913 by past Haida leaders, ushers in a new era of peaceful co-existence.

“The recognition of Haida title to Haida Gwaii by Canada acknowledges historic injustices and illustrates the transformative possibilities of working together for what is right. It takes leadership to recognize a wrong, begin the process of healing from a troubled history, and trust in the ability to forge a new relationship based on respect,” said Gaagwiis in a news release.

Haida Gwaii is an archipelago of over 200 islands located about 100 kilometres west of the northern coast of mainland British Columbia. Its landmass amounts to approximately one million hectares.

The Big Tide (Low Water) Agreement follows the Nang K’uula / Nang K’úulaas Recognition Agreement signed by the Haida Nation, Canada, and British Columbia in 2023, as well as the Gaayhllxid / Gíihlagalgang “Rising Tide” Haida Title Lands Agreement signed by the Haida Nation and British Columbia in April 2024.

Both federal and provincial agreements do not affect private property or local and municipal governments on Haida Gwaii, and they confirm the continued delivery of public services by local, provincial and federal governments. This includes roads and highways, airports, ferries, schools, health care, fire departments and emergency services.

Prime Minister Justin Trudeau travelled to Haida Gwaii for the signing ceremony and community gathering.

“I congratulate the Haida Nation for their leadership on this landmark agreement. As we mark a new chapter in the history of our nation-to-nation relationship, let us also recommit to walking the path of reconciliation. Because by working together, we’re showing that meaningful progress is possible,” said Trudeau in a press release.

The February trip to Haida Gwaii was one of Trudeau’s last as the head of Canada, awaiting a new Liberal party leader steps in to take his place this month.

The Assembly of First Nations (AFN) welcomed the Big Tide (Low Water) Agreement. In a Feb. 19 AFN press release, National Chief Woodhouse Nepinak stated that “the agreement transitions Crown-title land to the Haida Nation, recognizing their inherent legal right to the land.”

“It sets the groundwork for how the Haida Nation and Canada will work together in a way that respects Haida jurisdiction,” said Chief Nepinak.

British Columbia AFN Regional Chief Terry Teegee said he honours the vision and relentless advocacy of the Haida elders and community members who have fought tirelessly for their rights and sovereignty.

“This achievement further propels First Nations and the federal and provincial governments on the pathway to implementing the United Nations Declaration on the Rights of Indigenous Peoples Act at the federal level and British Columbia’s Declaration on the Rights of Indigenous Peoples Act at the provincial level. It advances the movement toward reconciliation, creating ripples that will impact Canada’s political and social fabric for generations to come,” said Regional Chief Teegee.

Aboriginal title agreement is not a court order or a treaty

Campbell River-based lawyer Jack Woodward has been involved in several Nuu-chah-nulth cases since the ‘80s, including the trial of Nuchatlaht v. British Columbia.

Nuchatlaht is a little nation of less than 200 citizens and their territory is located along the northwestern edge of Nootka Island.

They won a partial Aboriginal title case on April 17, 2024, proving in court that they are the historical and rightful owners of at least a portion of their claim area. Woodward said they are on their way to the Court of Appeal in October 2025 to gain title over the whole portion of the original land claim.

Woodward called the Haida Aboriginal title agreements “terrific” and a much bigger accomplishment than most First Nations in the country, but explained the downside to a title agreement rather than a court order is that they are not binding.

“Agreements lead to negotiation and discussions, but it’s not the end,” said Woodward. “With the court order you’ve got something. That is binding on the government. It says to the government, pack up your logging and get out of town and it can’t be repealed by a future government.”

A new Conservative government could potentially revoke the Haida Aboriginal title agreements, according to Woodward.

Haida does have a court case (The Haida Nation v. British Columbia (Minister of Forests) and and Weyerhaeuser Company Ltd.) that has been in the courts for over 20 years. Woodward said it’s been paused to pursue Aboriginal title agreements.

“(Court cases) get stalled,” he said. “It takes an awful lot of energy to keep the cases going and political determination. The main thing that governments of British Columbia and Canada do is to get First Nations out of court and at the negotiating table.”

Over an estimated five-year transition period, the Haida Nation and Canada plan to work respectfully and co-operatively on matters relating to Haida Gwaii. Both governments have agreed that this transition will be implemented in an orderly and incremental way, providing ongoing stability for all island residents and other interest holders on Haida Gwaii, reads a press release from Haida Nation and the Prime Minister’s Office.

Woodward points out that an Aboriginal title agreement is still subject to “provincial interests”.

“It’s genuine Aboriginal title what the Nuchatlaht have achieved in that provincial interests are scrubbed away,” said Woodward. “The purpose of an Aboriginal title is to supersede the Forest Act. So now Nuchatlaht Chief Jordan Michael owns the trees, not the Crown of British Columbia. That’s a big deal because those trees are worth a lot of money, they are the cultural heritage of the people, and include village sites and sacred areas. There are a lot of interests in those beautiful forests that are now protected for the Nuchahlaht people.”

A message to the Council of the Haida Nation was not returned by press time.

https://www.thespec.com/news/canada/hai ... 4abc8.html