The passage of theHaida Nation Recognition Act(the "Act") is an incremental step in a long process of reconciliation between the Haida Nation (the "Haida") and British Columbia (the "Province"). It addresses a significant barrier to government-to-government negotiations by formally recognizing the Council of the Haida Nation (the "Council") as the governing body of the Haida.
The Act is a further landmark in over two decades of work and relationship building between the Haida and the Province. As part of the 2021GayG_ahlda("Changing Tide") framework, the Province and Canada agreed to legislate recognition of the inherent rights of governance and self-determination of the Haida. The Act represents the Province's fulfillment of thatcommitment.
The Act clarifies the legal position of the Council as the sole rights holder and legal representative of the Haida, removing a potential barrier to further negotiations.
In theGayG_ahlda, the three governments expressed their desire that the issues of rights and title should be negotiated rather than litigated. The Changing Tide framework was based on a recognition of the Haida's inherent right and title with respect to the Haida Gwaii terrestrial area, while clarifying that the Province retained jurisdiction over all privately held lands. TheGayG_ahldacontemplated further reconciliatory negotiations, in particular with respect to the management of resources in the marine area of Haida Gwaii, with the end goal of implementing a tripartite reconciliation agreement between the three governments.
The Act's acknowledgement of the inherent self government rights of the Haida is impactful in two ways.
First, the Act designates the Council as the sole rights holder and legal entity representing the Haida. The Haida, like many Indigenous Peoples in British Columbia, is comprised of multiple bands, councils, chiefs, and representatives (both elected and hereditary). At times, multiple competing or overlapping representative groups can stand as a barrier to effective negotiation and consultation. The Act, combined with the Council'sConstitution, provides clarity and certainty to those wanting to engage with the Haida that the Council is the appropriate governmental body. Notably, the Act specifies that the previously existing "society" of the Haida under theSocieties Actis formally dissolved and its rights and obligations transferred to the Council.
Second, the Act provides that the Council holds the powers of a natural person. This means that the Council can enter into binding contracts and holds the rights and liabilities of an individual, corporation, or other legal entity.
Speaking inCommittee, the Honourable Murray Rankin, Minister of Indigenous Relations and Reconciliation, expressed that the Act is merely a "first step. an important, incremental step along the way" to restructuring the relationship between the Province and the Haida Nation. Minister Rankin went on to state that the Province is committed to resolving the issues of title, the specific nature and implications of the Haida's self governance rights, and how to harmonize its forthcoming laws with those of the provincial and federal governments through negotiation rather than litigation.
The Canadian legal system continues to grapple with effective means to implement Indigenous rights to self-government, and theintegrationof Indigenous legal orders within its constitutional structure. The Act is a historic piece of legislation that is intended to promote reconciliation, provides clarity for those wanting to engage with the Haida. and creates a path forward to government-to-government negotiation of the outstanding issues between the Province and the Haida.
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