On April 14, 2024, the Haida Nation and the Province of British Columbia (BC) signed the “Haida Title Lands Agreement”. Under that agreement, BC formally recognized the Haida Nation’s Aboriginal title to Haida Gwaii.1 Despite asserting property rights to and jurisdiction over Haida Gwaii, Canada was not a party to that agreement.
On December 4, 2024, the Haida Nation and Canada signed the Chiixuujin Chaaw Kaawgaa “Big Tide (Low Water)” Haida Title Lands Agreement. Under this agreement, Canada acknowledged the Haida Nation’s Aboriginal title to Haida Gwaii extending to the low water mark and the Haida Nation consented to Canada’s continued use of existing property interests asserted by Canada to lands in Haida Gwaii aside from Indian reserves and Gwaii Haanas National Park Reserve.
Under the agreement, the Haida Nation also consented to Canada continuing to provide public services on Haida Gwaii, such as postal services, navigation systems and emergency response measures. The agreement created a process to determine if federal lands on Haida Gwaii are no longer needed by Canada. If the review process deems federal lands to be no longer needed, Canada will return the lands to the Haida Nation on terms and conditions to be agreed upon.
The Haida Nation and Canada committed to a transition process that focuses on reconciling Canada’s jurisdiction, laws, and interests to be consistent with the Haida’s Aboriginal title. Regarding jurisdiction, this agreement recognizes that management of Gwaii Haanas will focus on its natural function and cultural importance to the Haida Nation. Existing management plans for Gwaii Haanas will remain in place until their expiry or replacement.
Under the agreement, the Haida Nation consented to existing reserve lands remaining under Canada’s jurisdiction until the Haida Nation, the village councils, and the Band membership decide otherwise.
The agreement identified six areas in which the Haida Nation and Canada committed to negotiate. These areas are:
- Airspace;
- Fiscal arrangements;
- Taxation;
- Fisheries and related matters;
- Other marine matters (including submerged lands beyond the low water mark); and
- Other matters.
This agreement is significant because Canada recognized Haida Nation’s Aboriginal title to Haida Gwaii extending to the low water mark. Under this agreement, future negotiations will involve areas over which Canada currently asserts jurisdiction, such as submerged lands beyond the low water mark.
Footnotes
1 Read more about this milestone agreement here.