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Agreement on Haida Aboriginal Title

Last updated on September 9, 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 and accompanying Haida Nation Recognition Act.

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 was signed on April 14, 2024.

The agreement – along with supporting legislation passed in Spring 2024 – formally recognizes Haida Aboriginal title throughout Haida Gwaii. Recognizing Haida Aboriginal title means land on Haida Gwaii is formally recognized as Haida Aboriginal title lands. Over time, the Province and the Haida Nation will work together to transition jurisdiction on Haida Gwaii, through an orderly process, with engagement with local governments, residents and others with interests on Haida Gwaii.

Over the next several years the Council of the Haida Nation and the Province will also 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 process, 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, local government jurisdiction, or bylaws on Haida Gwaii.

Provincial laws continue to apply through the transition process. Provincial leases, permits, or other approvals to use areas of 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

The agreement and legislation came into effect July 5, 2024, and do the following:

  • Recognize 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 process 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.

Other important protections are also provided for:

  • 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 on land on Haida Gwaii (e.g., permits, leases, park use permits, etc.) will continue through the transition process.
  • Business licences, building permits and zoning will continue as is through the transition process.
  • 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 have worked 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?

The legislation and agreement were brought into effect on July 5, 2024, recognizing Haida Gwaii as Haida Aboriginal title land. Further changes will happen over time - during a transition process of several years. Over the transition process, 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.

To learn more, read:

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:

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.