British Columbia Indian Chiefs celebrate "monumental" passing of legislation recognising Haida Aboriginal Title

Giovanni Torre
Giovanni Torre Published May 17, 2024 at 4.30pm (AWST)

The Union of British Columbia Indian Chiefs is celebrating the passing of the Haida Nation Recognition Amendment Act, which is now law recognising the Haida Nation's Aboriginal title throughout Haida Gwaii, an archipelago off BC's west coast.

For the first time a Crown government in Canada has recognised Aboriginal title through legislation, protecting fee-simple interests while affirming the inherent and constitutionally protected title, rights, and jurisdiction of the Haida Nation.

On April 14, the Haida Nation and the Province of BC signed the Gaayhllxid/Gíihlagalgang "Rising Tide" Haida Title Lands Agreement, which recognises that the Haida Nation has Aboriginal title to all of Haida Gwaii and preceded the passing of the Act.

UBCIC President, Grand Chief Stewart Phillip, said the Union congratulated the President of the Council of the Haida Nation, Gaagwiis Jason Alsop, the provincial government, and all the Haida people "on the landmark and unprecedented Haida Nation Recognition Amendment Act now becoming law".

"The Act represents a significant stride toward fostering positive relations between First Nations and the Crown, and litigation and court battles should no longer be the norm," he said.

"UBCIC firmly believes that the Act truly reflects the heart of the United Nations Declaration on the Rights of Indigenous Peoples by affirming what the Haida Nation has always known, that they are the true title and rights holders of Haida Gwaii.

"Notably, this significant achievement demonstrates that recognition of title can occur outside of the courts and outside of the BC Treaty Commission process."

UBCIC Vice-President, Chief Don Tom, said the Act marks "a new pathway for problem-solving" that promotes collaboration and relationship building between First Nations and the Crown and, "importantly, certainty for owners of private property is a core aspect of the legislation".

"For the first time a Crown government has chosen to negotiate and come to an agreement to recognise Aboriginal title, while ensuring the interests of the Crown and those who have made Haida Gwaii their home are protected.

"It is long overdue for the Haida Nation to be recognised in law as the true title and rights holders, and we are thrilled to see how this tectonic shift impacts the landscape of title and rights in BC and creates greater certainty."

The Union's Secretary-Treasurer, Chief Marilyn Slett, said the Act was the product of "decades of advocacy and work by those who have come before that established the foundation of what we are witnessing today, fully grounded in the truth of Haida history, culture, and values"

"This marks a new era in First Nations and Crown relations in this province and demonstrates a way forward to the full recognition of title and rights for First Nations," she said.

"We are hopeful that the Act becoming law will revitalise and transform the pathway to meaningful reconciliation, serving as an example for other Nations wishing to negotiate with the Province on advancing recognition of their inherent title and rights. This milestone accomplishment is something that all British Columbians should celebrate and take great pride in."

The UBCIC extend congratulations to the Haida Nation and the provincial government on their "outstanding landmark achievement".

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