"Rising Tide" Haida Title Lands Agreement

September 2026 September 2026 Haida Title Lands Agreement Gaayhllxid • Gíihlagalgang "Rising Tide" Haida Title Lands Agreement HaidaGwaii2022OSM.png Map of Haida Gwaii 2024 04 14 y 5 July 2024 After the passage of the Haida Nation Recognition Act [SBC 2023] c. 24 * Flag of Haida Gwaii.svg Jason Alsop Flag of Haida Gwaii.svg Stephen Grosse British Columbia David Eby British Columbia Murray Rankin *Flag of Haida Gwaii.svg Haida Nation British Columbia * English Haida The "Rising Tide" Haida Title Lands Agreement (hai Gaayhllxid / Gíihlagalgang)Gaayhllxid / Gíihlagalgang "Rising Tide" Haida Title Lands Agreement https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/agreements/final_gaayhllxid_giihlagalgang_rising_tide_haida_title_lands_agreement.pdf 14 April 2024 was signed on 14 April 2024 between the Council of the Haida Nation and the province of British Columbia (BC) to "recognize and affirm" that the Haida Nation holds Aboriginal title over all of Haida Gwaii and surrounding waters.https://globalnews.ca/news/10442945/b-c-introduces-legislation-recognizing-haida-gwaii-indigenous-title/ Global News 22 April 2024 B.C. introduces legislation recognizing Haida Gwaii Indigenous title The Canadian PressOsler https://www.osler.com/en/insights/updates/b-c-recognizes-haida-nation-s-title-to-haida-gwaii-what-the-historic-agreement-makes-clear-and-q/ B.C. recognizes Haida Nation's title to Haida Gwaii -- what the historic agreement makes clear, and questions remaining 30 April 2024 Sander Duncanson Danielle Chu Joey Chan Niall Fink The Haida Nation Recognition Amendment Act, 2024 (Bill 25), was introduced eight days later to implement the Agreement.Nelson Bennett 14 May 2024 Haida agreement marks seismic shift in B.C. reconciliation efforts: Questions linger regarding resource management, park access and private land rights https://www.biv.com/news/economy-law-politics/haida-agreement-marks-seismic-shift-in-bc-reconciliation-efforts-8745660 Business in Vancouver Haida Aboriginal title agreement, legislation effective date 2024-06-20 BC Gov News Victoria https://news.gov.bc.ca/releases/2024IRR0033-000976 2026-09-29 The Rising Tide Agreement is one of very few instances where Aboriginal title has been formally recognized. An unprecedented aspect of the Agreement is that it gives the Haida Nation Aboriginal title over privately-owned land that is not government territory.Aidan Macnab 29 July 2024 Landmark BC-Haida agreement raises fundamental questions about Aboriginal title and private property: It states existing private property interests will be honoured, lawyer says agreement creates uncertainty https://www.canadianlawyermag.com/news/general/landmark-bc-haida-agr…mental-questions-about-aboriginal-title-and-private-property/387607 Canadian Lawyer In 2024, BC Premier David Eby said the agreement could provide a template for future negotiations on Aboriginal title in the province.Julie Chadwick Landmark Haida title agreement is 'a template' for what's possible, says premier Indiginews 18 April 2024 https://indiginews.com/features/landmark-haida-title-agreement-is-a-template-for-whats-possible-says-premier/ The Agreement contains a transition process, expected to take several years, during which time British Columbia and the Haida Nation will negotiate laws, fiscal arrangements, and jurisdiction over parks and other government resources. Background Aboriginal title is a collective title that confers ownership rights similar to those associated with private land title, including "the right to choose to what uses land can be put". It is affirmed by section 35 of the Constitution Act, 1982. As of April 2024 when the Rising Tide Agreement was signed, Aboriginal title had been judicially declared in only one case: Tsilhqot'in Nation v British Columbia in 2014. The Haida Nation has claimed title over Haida Gwaii for more than a century. It asserted title in the federal claims process in 1980, and with the BC Treaty Commission in 1992. It took its claim to the courts in 2002, leading to the Supreme Court of Canada ruling in Haida Nation v. British Columbia (Minister of Forests), 2004 SCC73 which set out the government's duty to consult, and suggested that the BC government negotiate. The province of British Columbia's Declaration on the Rights of Indigenous Peoples Act, passed in 2019, allows the provincial Cabinet to enter into agreements with Indigenous governing bodies, as with the Rising Tide Agreement.https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19044 Declaration on the Rights of Indigenous Peoples Act [SBC 2019] Chapter 44 28 November 2019 Land involved in the agreement Haida Gwaii Haida Gwaii, is an archipelago of about 150 islands off the northwest coast of British Columbia. It has a landmass of approximately 10000 km2 sqmi. The agreement Objectives of the agreement Haida Nation President Jason Alsop said the Agreement is a "step toward peaceful co-existence" with British Columbia. He said the Nation plans to take control of Haida Gwaii's economy according to Haida values and traditions. The British Columbia government said recognizing Haida Aboriginal title is a "foundational step in reconciliation for the Haida Nation and the Province".https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/consulting-with-first-nations/first-nations-negotiations/first-nations-a-z-listing/haida-nation-council-of/haida-title-agreement Provincial Agreement on Haida Aboriginal Title 22 September 2026 Province of BC The BC Minister of Indigenous Relations said the province chose to negotiate the agreement since litigation would create uncertainty for residents and businesses. https://news.gov.bc.ca/releases/2024IRR0008-000358 15 March 2024 BC Gov News Minister's update on Haida Nation Aboriginal Title agreement Constitutional entrenchment On 5 September 2025, a BC Supreme court judge agreed to a request by the Haida Nation, British Columbia, and the Canadian federal government to constitutionally entrench Aboriginal title in Haida Gwaii. The constitutional amendment ensures that Aboriginal title cannot be repealed simply by legislation of a future provincial government.https://vancouversun.com/opinion/columnists/bc-ndp-ties-the-hands-of-its-successors-on-land-rights Vaughn Palmer B.C. NDP ties the hands of its successors on land rights 10 October 2025 Vancouver Sun 2026-09-29 subscription The court decision said, in part: "The Haida Nation has Aboriginal title recognized and affirmed under section 35(1) of the Constitution Act 1982 to the terrestrial areas of Haida Gwaii, including any submerged lands underlying freshwater or in the intertidal area between the high and low water marks, extending below the surface". The transition process The Rising Tide Agreement contains a transition process, initially estimated to take two years and extended to several years in 2026. During this time, BC and the Haida Nation are to negotiate laws, fiscal arrangements, and jurisdiction (for example, over parks and other government resources).Open Letter to residents Spencer Chandra Herbert Gaagwiis Jason Alsop 3 July 2026 https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/agreements/final_letter_to_citizens_haida_gwaii_-_signed.pdf BC Gov News British Columbia was in court over a land claim with the Haida Nation when the province decided to negotiate the Rising Tide Agreement, but the court case continues so that any issues that cannot be resolved by negotiation can be settled in court.National Magazine Will the Haida Nation's Rising Tide Agreement raise all boats? 8 May 2024 Doug Beazley https://nationalmagazine.ca/fr-ca/articles/hot-topics-in-law/2024/will-the-haida-s-rising-tide-agreement-raise-all-boats Canadian Bar Association Haida Nation counsel David Paterson said the usual treaty process aims to reach a final and certain result through a comprehensive agreement, but he does not think there will ever be a final settlement for the Haida Nation, since the Haida approach "assumes an ongoing dynamic relationship between the parties". Fiscal implications for BC On the expenditure side, the agreement is not intended to change the status quo with BC's delivery of provincial public services in Haida Gwaii, including health care, education, transportation, maintenance of public highways, and fire and emergency services. On the revenue side, when the BC government gave the Haida Nation Aboriginal title over Haida Gwaii in 2024, control over the mineral deposits on land and offshore natural gas reserves was transferred to the Haida. It is still to be determine how this will affect the future flow of revenue to the provincial government if, for example, the government no longer has exclusive rights to the mineral royalties on what has become Haida Aboriginal title land.Opinion: B.C.'s First Nations land deals threaten the economic foundations of the province Tegan Hill Jason Clemens https://www.theglobeandmail.com/business/commentary/article-bcs-first-nations-land-deals-threaten-economic-foundations-province/ The Globe and Mail 3 September 2026 The Rising Tide Agreement is not expected to delay the Haida civil claim against BC and Canada for issues that have not been resolved through negotiation. Although the Agreement does not explicitly state what has not been resolved, there may be a financial impact for the province since the Haida's civil claim seeks "an accounting of all profits, taxes, stumpage dues, royalties, and other benefits acquired by BC and Canada, or their servants, agents, and contractors, in respect to Haida Gwaii." Implications for parks in Haida Gwaii Jurisdiction over provincial parks (such as Naikoon Provincial Park), protected areas, and ecological reserves (along with other government assets), is to be worked out during the transition period. Regarding national parks, the September 2025 BC Supreme Court order says that within 24 months, the Haida Nation will receive Aboriginal title over Gwaii Haanas National Park Reserve, National Marine Conservation Area, and Haida Heritage Site. Areas of legal uncertainty and public debate Private land in Haida Gwaii The Rising Tide Agreements says "The Haida Nation consents to and will honour Fee Simple Interests". A July 2026 letter to Haida Gwaii residents from the President of the Haida Nation and the government of British Columbia says the Agreement "does not change or take away fee simple interests, including private property, whether used for residential, business or industrial purposes. Policies, legislation and regulations pertaining to fee simple interests on Haida Gwaii remain under BC jurisdiction. The Agreement, and the legislation that followed protects the continued ownership and use of private property and does not alter existing private property rights. Providing this certainty for residents was and continues to be a priority". An unprecedented aspect of the Rising Tide Agreement is that it gives the Haida Nation Aboriginal title over land that has private property title - also called "fee simple" title. (Privately-owned land comprises approximately 2.2% or 220 square kilometres of Haida Gwaii.) This has created legal uncertainty according to lawyer and former chief treaty negotiator for the BC government Thomas Isaac, who says that based on current law, Aboriginal title cannot apply on fee simple, privately-owned lands since Aboriginal title is an exclusive right to land, but fee simple title is also the exclusive right to land. Isaac also notes that the BC government did not have the beneficial interest in the land to give to the Haida because it had already given the beneficial interest to the fee simple title holders.More Questions Than Answers With Signing of Agreement to Recognize Aboriginal Title on Private Land https://cassels.com/insights/more-questions-than-answers-with-signing-of-agreement-to-recognize-aboriginal-title-to-private-land/ 18 April 2024 Thomas Isaac Mackenzie Hayden Cassels The Rising Tide Agreement was signed in 2024, and the August 2025 Cowichan Tribes v. Canada ruling prompted University of Saskatchewan constitutional law professor Dwight Newman to say that uncertainty will exist regarding how Aboriginal title and private land title can coexist, pending the appeal of that case.The Hub New B.C. court order on Haida Nation's land claim could threaten property owners 11 September 2025 Graeme Gordon https://thehub.ca/2025/09/11/new-b-c-supreme-court-ruling-haida-nations-land-claim-threaten-property-owners/ The Cowichan claim related to government-owned land, but the court also granted Aboriginal title to privately-owned land, and ruled that the Cowichan Aboriginal title is superior to fee simple title.Fraser Institute Bruce Pardy Eby bringing B.C. to its knees with Aboriginal land deals 28 October 2025 https://www.fraserinstitute.org/commentary/eby-bringing-bc-its-knees-aboriginal-land-deals The Globe and Mail Andrea Woo https://www.theglobeandmail.com/canada/article-bc-cowichan-decision-national-implications-eby-indigenous/ B.C. Premier says Cowichan decision could have national implications 4 November 2025 BC Supreme Court Confirms Aboriginal Title Over Haida Gwaii 8 October 2025 Thomas Isaac Jared Enns Devon Campbell https://cassels.com/insights/bc-supreme-court-confirms-aboriginal-title-over-haida-gwaii/ Cassels.com Osler 14 October 2025 The longest trial, a big impact: Cowichan's Aboriginal title victory https://www.osler.com/en/insights/blogs/indigenous/aboriginal-title/ Provincial legislation on Aboriginal title Canada's constitution says, in section 91(24), that only the federal government has the power to make laws that relate to Aboriginal issues. The McMillan law firm, among others, note that "there is a legitimate question as to whether a law specifically directed at the recognition and implementation of Aboriginal title would be found unconstitutional if passed only by a provincial legislature."Robin Junger Tim Murphy Cory Kent Joan Young Sasa Jarvis More than Meets the Eye: The Legal Implications of British Columbia's Agreement to Recognize Aboriginal Title Over Haida Gwaii 23 April 2024 McMillan LLP https://mcmillan.ca/insights/publications/more-than-meets-the-eye-the-legal-implications-of-british-columbias-agreement-to-recognize-aboriginal-title-over-haida-gwaii/ Information on Constitutional entrenchment The Haida Nation issued a press release on the constitutional entrenchment of the Haida Nation's Aboriginal title to Haida Gwaii on 5 September 2025, but the first public confirmation of the entrenchment proceedings came from the BC government on 11 September, at the prompting of reporters.Court Declaration of Haida Title 5 September 2026 https://www.haidanation.ca/public-notices/press-release-from-the-council-of-the-haida-nation-court-declaration-of-haida-titlenbsp Council of the Haida Nation Transparency is at the bottom of the B.C. NDP's list of priorities: Legal expert slams province's handling of Haida Gwaii land title case Vaughn Palmer 6 October 2025 https://vancouversun.com/opinion/columnists/transparency-is-at-the-bottom-of-the-bc-ndp-list-of-priorities Vaughn Palmer 12 September 2025 B.C. NDP again leaves public in the dark on an Aboriginal title case: Internal 'communications foul-up' blamed for lack of provincial comment on court recognizing Haida Nation title over lands https://vancouversun.com/opinion/columnists/bc-ndp-again-leaves-public-in-dark-aboriginal-title-case-haida-gwaii Vancouver Sun Given the potential importance of the constitutional entrenchment, this added to calls to the province for greater transparency and consultation with non-Haida residents of Haida Gwaii (who represent about half of Haida Gwaii's population of approximately 5000https://www.haidatourism.ca/about About Haida Gwaii Haida Tourism ), businesses, and the wider British Columbia population.Fraser Institute https://www.fraserinstitute.org/commentary/british-columbians-right-worry-about-secretive-rushed-approach-aboriginal-title Mary MacGregor Jock Finlayson British Columbians right to worry about secretive rushed approach to Aboriginal title 1 May 2024 18 September 2025 Caroline Elliott B.C. NDP misleads the public to further its shadowy 'reconciliation' agenda: The government is steadily eroding public trust to further an agenda that's already viewed with deep skepticism https://nationalpost.com/opinion/b-c-ndp-mislead-the-public-to-further-its-shadowy-reconciliation-agenda National Post Vaughn Palmer 11 September 2025 B.C. NDP again leaves public in the dark on an Aboriginal title case https://vancouversun.com/opinion/columnists/bc-ndp-again-leaves-public-in-dark-aboriginal-title-case-haida-gwaii Vancouver Sun Fraser Institute How two governments breached the public interest and rights of private landowners in B.C. (Part 1) Geoffrey Moyse 5 March 2026 https://www.fraserinstitute.org/commentary/how-two-governments-breached-public-interest-and-rights-private-landowners-bc-part-1 Business in Vancouver B.C.'s land use and resource agenda puts economy on shaky ground https://www.bcbc.com/news/27qjugq1wkvb48x6jocgpq802i3icl 21 June 2024 Ken Peacock Jock Finlayson Vancouver Sun Vaughn Palmer 10 December 2025 The B.C. NDP's pattern of secrecy, coverup and denial on Indigenous relations https://vancouversun.com/opinion/columnists/vaughn-palmer-bc-ndp-david-eby-government-pattern-of-secrecy-coverup-denial-indigenous-relations See also Haida Nation v British Columbia (Minister of Forests) Haida people Council of the Haida Nation Haida Gwaii References 30em collapsed collapsed Category:2024 in British Columbia Category:Aboriginal title in Canada Category:Haida Category:Haida Gwaii Category:Treaties of Canada Category:Treaties of Indigenous peoples in Canada