TERRACE, B.C. – The B.C. Supreme Court has recognized full Aboriginal title for the Haida Nation over the entirety of Haida Gwaii in an unprecedented ruling that marks a historic moment for reconciliation in Canada.
The decision was issued by Justice Christopher Giaschi on Friday, September 5, granting complete sovereignty for the Haida Nation over the terrestrial areas of Haida Gwaii. The application was supported by both the federal government and the Province of B.C., based on agreements with the Haida Nation made in 2024. These agreements, known as the Rising Tide Agreement and Big Tide Agreement, outline a transition period for the three parties to reconcile their respective laws and jurisdictions.
The Haida Nation released a statement celebrating the decision, calling it a “historic day” for not only them but for all Canadians. “Today is a day where our ancestors are celebrated—where the Haida Nation’s title is recognized by Canada, the Province and the Supreme Court of British Columbia,” the statement read.
B.C.’s Minister of Indigenous Relations and Reconciliation, Spencer Chandra Herbert, echoed this sentiment, saying the ruling helps build a more prosperous future for all. “Negotiations and collaborating together for a better future is the best path forward, as it creates opportunity, prosperity and certainty for all,” he stated.
Opposition Expresses Alarm Over Ruling
While the Haida Nation and B.C. government celebrated, the ruling drew sharp criticism from the Conservative Caucus of British Columbia. In a news release, Opposition Leader John Rustad blasted the decision and Premier David Eby, saying the ruling raises serious concerns and that B.C. residents are right to be alarmed.
Rustad argued that the process was allowed to unfold in secrecy, without consultation with non-Indigenous residents or businesses, and that the ruling leaves private property rights and business security in jeopardy. “Eby himself has said this model will be a ‘template’ for the rest of the province, [and] that should send a chill down the spine of every single property owner in British Columbia,” Rustad said. He is calling on the NDP government to appeal the decision and guarantee that private property rights will be protected.
The Haida Nation’s court case for title to Haida Gwaii was originally filed in 2002. This recent ruling concludes a major part of the legal proceedings, with a Supreme Trial still scheduled for 300 days in 2026.