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B.C. Court Order Confirms Haida Nation’s Aboriginal Title Across Haida Gwaii

The consent order removes the need for the Haida to re‑prove title, moving the parties into a multi‑year transition to sort governance.

Overview

  • Justice Christopher Giaschi issued a Sept. 5 consent order that gives legal force to a 2024 recognition agreement requested by the Haida Nation, British Columbia, and Canada.
  • The declaration covers the archipelago’s land, freshwater beds, and intertidal zones, marking comprehensive recognition across the territory.
  • Privately owned fee‑simple properties remain under existing B.C. and local authority, with local bylaws, services, and property taxes continuing as before.
  • The order directs reconciliation of Haida, provincial, and federal laws over time, with negotiations on Crown‑land tenures and protected areas expected to take years.
  • B.C. Conservative leader John Rustad criticized the move and called for an appeal and explicit province‑wide protections for private property, as separate Cowichan title appeals proceed.