The B.C. Supreme Court has officially recognized the Haida Nation's aboriginal title to the Haida Gwaii islands, excluding public infrastructure and private land, reported the Epoch Times. This decision affirmed an April 2024 agreement between the Haida Nation, B.C., and Canada.

On April 14, 2024, the Haida Nation and B.C. signed the "Rising Tide" Haida Title Lands Agreement, supported by a 95% vote from Haida Gwaii residents on April 6.

The agreement was unanimously backed by all present in the B.C. legislature on April 29, received royal assent on May 16, and was supported by the federal government.

“Today Haida ancestors are dancing in celebration that the discrimination they endured in our colonial past is now behind us,” Haida Nation wrote in celebration.

“... the governments of the Haida Nation, Canada and British Columbia are forging a new path where we can foster the jurisdictional space for Haida laws to grow and deepen, without conflict, and based on respect.” 

Contrary to Premier @David_Eby's assurances to non-Indigenous property owners in Haida Gwaii, @timthielmann, a lawyer who has practiced Aboriginal law for 15 years, says the Haida Title Act could put private property rights at risk.

MORE by @DreaHumphrey: https://t.co/yntFoUxnHl pic.twitter.com/M0Uz6DDcCF

— Rebel News (@RebelNewsOnline) May 7, 2024

B.C. Conservatives criticized the deal, stating it gives Premier David Eby excessive, non-transparent power. Leader John Rustad stated on September 9 that "thousands of British Columbians face uncertainty over their homes, property, and livelihoods."

“David Eby himself has said this model will be a ‘template’ for the rest of the province. That should send a chill down the spine of every single property owner in British Columbia.”

Scott McInnis, the Conservative Indigenous Relations critic, said the agreement creates "enormous legal and economic uncertainty" for Haida Gwaii and all of British Columbia. “Private property rights are the foundation of a free society and a strong economy,” he added.

The B.C. Conservatives seek an immediate appeal of the Supreme Court's decision at the B.C. Court of Appeal, aiming to protect private property rights across the province and ensure full public consultation on future agreements.

The NDP and Haida Nation assert Rustad's comments are baseless, as the B.C. Supreme Court-affirmed land title agreement excludes private property and public infrastructure.

Contrary to Premier David Eby's assurances to non-Indigenous property owners in Haida Gwaii, Timothy Thielman, a lawyer, says the Haida Title Act could put private property rights at risk.

FULL REPORT by @DreaHumphrey: https://t.co/yntFoUxnHl

— Rebel News (@RebelNewsOnline) May 5, 2024

In late January, the government revealed a previously hidden agreement with the shíshálh (Sechelt) Nation, made in August 2024. This agreement grants management powers, allows for private land acquisition, and recognizes Aboriginal title. Residents claim they were not consulted or informed of the negotiations.

A more recent B.C. Supreme Court ruling recently granted Aboriginal title to the Cowichan First Nation for 800 acres in Richmond, calling it a "prior and senior right" over existing property titles. This decision was inspired by the 2024 agreements.

The Cowichan decision, if upheld, poses a threat to private property wherever Aboriginal title is claimed, according to Bruce Pardy, a legal academic.

“British Columbians—and Canadians more generally—need to be aware of the legal ramifications of the Haida Gwaii agreements and the Cowichan First Nation court ruling,” he said.

“The Haida Gwaii agreements empower the soft tyranny of legal incoherence. The danger signs are flashing. More of the same is on the way.”