Press Release from the Council of the Haida Nation – Court Declaration of Haida Title

September 5, 2025 

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.  

TODAY the Haida Nation took a significant step towards meeting its inherent responsibilities to ensure that Haida Gwaii is protected for future generations.  

TODAY Haida ancestors are dancing in celebration that the discrimination they endured in our colonial past is now behind us, and that 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 yahguudang respect. Doing so will benefit not only the lands, water, people and all beings of Haida Gwaii, but all people in BC and Canada.  

TODAY, building upon the Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement (“Rising Tide Agreement”) with the Province of British Columbia, and the Chiixuujin • Chaaw Kaawgaa “Big Tide (Low Water)” Haida Title Lands Agreement (“Big Tide Agreement”) with Canada, Justice Giaschi of the Supreme Court of British Columbia issued a declaration that: 

The Haida Nation has Aboriginal Title, recognized and affirmed under s. 35(1) of the Constitution Act, 1982, to the terrestrial areas of Haida Gwaii […] 

The definition of the “terrestrial areas of Haida Gwaii” in Justice Giaschi’s order includes “any submerged lands underlying freshwater or in the intertidal area between the high and low water marks, extending below the surface, and for greater certainty does not include the water column.”  

Other terms of Justice Giaschi’s order include that the Haida Nation, Canada, and British Columbia will give effect to Aboriginal Title in accordance with the conditions of the Rising Tide Agreement and the Big Tide Agreement. This includes agreement that the Haida Nation, BC and Canada will reconcile their respective laws, jurisdictions, and titles during a transition period.  

The Haida application was supported by Canada and British Columbia on the basis of agreements with the Haida Nation made in 2024.  

The Court held that the evidentiary foundation was met to support making a declaration of Aboriginal Title to Haida Gwaii and recognized that a declaration will have a practical effect, promote reconciliation and uphold the honour of the Crown.  

This ends a major part of the Haida Nation’s court case over title to Haida Gwaii. The case was filed in 2002, and a 300-day trial is set for 2026.  

The agreements and the court order follow 5 years of negotiations to reconcile Haida title with the interests of non-Haida residents of Haida Gwaii. They also build upon over a century of advocacy by Haida leadership, including Alfred Adams and Godfrey Kelly. 

In 1985, Haida Elders, Chiefs, and Matriarchs, draped in traditional button blankets, led a blockade to protect the forests on Aahlii GawGaay “Athlii Gwaii” Lyell Island on Haida Gwaii. For three months, the Haida and supporters blocked a logging road. 72 people were arrested. This was the beginning of a legal journey, half a century ago, which led to today.  

This historic declaration was made possible by precedent set by other Indigenous Nations who have paved the way for recognition of Aboriginal Title through negotiation and litigation, such as the Nisg̱a’a, Wet’suwet’en, Gitxsan, Nuu-chah-nulth, and Cowichan. The decision was granted in the same courtroom that the Delgamuukw trial took place, two similar court proceedings with very different outcomes – an indication of the changing legal and political climate.  

There is a Haida saying that is “gam tlagw tlagaay Ga ga GaagiixanaGangaGan” meaning that “there was no land lying vacant.” This refers to the comprehensive and deep relationship between the Haida Nation and Haida Gwaii, grounded in our language, oral history, and laws. The Court’s order gives meaning within Canadian law to what the Haida have always known.  

Overall, this is an historic day for the Haida Nation, an historic day for Canada, and an historic day for British Columbia. It is the first time that the BC Supreme Court has issued a declaration of Aboriginal Title which encompasses the entire terrestrial portion of an Indigenous Nation’s territory.  

“Today is a good day for the Haida Nation, British Columbia and Canada.  Citizens of each government can be proud of how all parties came together to demonstrate gud ad t’alang hlG̲ang.gulx̲a tll yahda • tll yá’adee G̱ii gud ahl t’álang hlG̱ángulaang (good people working together to make things right) to advance reconciliation for all.  Haawa to our ancestors and all those who came before us to help lead to achieving this long-awaited declaration of title to the land of Haida Gwaii“  

– Gaagwiis, President of the Haida Nation 

BACKGROUNDER 

Through perseverance and patience, the Haida Nation has successfully established a unique history of co-management on Haida Gwaii. This history was built upon the Haida fostering an island-wide community with the settler population, as well as litigation to protect Haida Gwaii such as old growth forests and herring.  

Since 1980, the Haida have taken steps towards reconciliation, designating large parts of our territory for protection under Haida authority. Subsequent negotiated agreements concluded with Canada and British Columbia established collaborative decision-making processes over those areas, including forms of protection for a total of 52% of the land base of Haida Gwaii (about 500,000 hectares), and 3,464 square kilometers of marine areas.  

These reconciliation agreements are important interim steps towards implementing the Crown government’s duty to uphold the Honour of the Crown to consult and accommodate the Haida Nation’s Aboriginal Title and Rights in the interim period, before recognition of Haida Title. But these agreements do not address all the matters of the Haida-Crown relationship, including the interferences and damages, and fully upholding the minimum human rights protected under the United Nations Declaration on the Rights of Indigenous Peoples. The Haida Nation filed this litigation in 2002 to address these unresolved areas.  

The Parties negotiated the Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement and Chiixuujin • Chaaw Kaawgaa “Big Tide (Low Water)” Haida Title Lands Agreement recognizing that the Haida Nation has provided extensive evidence in relation to the test to prove Aboriginal Title on terrestrial Haida Gwaii and has no overlap with the interests of other Indigenous Nations.  

Media Contact:   
Gaad Gas Raven Ryland 
Communications Manager 
Council of the Haida Nation 
(250) 559-4468 
communications@haidanation.com