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[Nparker]

Present-day harms of colonialism. 

[Victoria Watcher]

The B.C. government and the Council of Haida Nation have signed an agreement officially recognizing Haida Gwaii’s Aboriginal title, more than two decades after the nation launched a legal action seeking formal recognition.

 

The province announced last month that it had reached a proposed deal with the Haida, which Indigenous Relations and Reconciliation Minister Murray Rankin called a “foundational step in the reconciliation pathway of Haida Nation and B.C.”

 

At the signing ceremony Sunday, Rankin said the agreement is “really, really important,” pledging to do whatever he can to “breath life into this historic agreement.”

“We could have been facing each other in a courtroom. We could have been fighting for years and years, but we chose a different path,” Rankin told those gathered for the ceremony. “We chose a path that requires creativity and courage and we got there together.”

 

The deal recognizes the First Nation’s title throughout Haida Gwaii, but does not impact private property or government jurisdictions, and Rankin said at the time that litigation would’ve created “uncertainty for residents and businesses.”

 

 

 

https://www.cheknews...-gwaii-1199444/

 

 

 

 

The B.C. government and the Council of the Haida Nation have signed an agreement officially recognizing Haida Gwaii's Aboriginal title, more than two decades after the nation launched a legal action seeking formal recognition.

 

The province announced last month that it had reached a proposed deal with the Haida, which Indigenous Relations and Reconciliation Minister Murray Rankin called a "foundational step in the reconciliation pathway of Haida Nation and B.C."

 

On April 6, the nation announced that more than 500 Haida citizens had voted 95 per cent in favour of approving the Gaayhllxid/Gíhlagalgang "Rising Tide" Haida Title Lands Agreement.

 

"This does not mean that the government is granting us anything. We have always held our inherent rights and title to our lands," Tamara Davidson, a Vancouver regional representative for the Council of the Haida Nation, told CBC News on Sunday.

 

"We were born knowing this is ours."

 

The deal recognizes the First Nation's title throughout Haida Gwaii, which is made up of more than 150 islands about 90 kilometres west of British Columbia's north coast.

 

 

 

https://www.cbc.ca/n...ement-1.7173601

Edited by Victoria Watcher, 15 April 2024 - 01:03 AM.

[Victoria Watcher]

The agreement sets out rules for how land will be governed on Haida Gwaii — along with a two-year transition process that will focus on how land resource decision-making will be addressed, starting with protected areas, fishing lodges and forestry, according to the document.

 

"It really will create the space to continue to further develop and refine our Haida law or a way of managing the land based on Haida history, culture and values," Gaagwiis said.

 

 

https://www.cbc.ca/n...itile-1.7159334

 

 

 

In principle, I take no issue with this arrangement.  But I do wonder, do the 500 band members have the expertise to manage this land?  It has a population of over 5,000, but presumably most residents will be shut out of any form of democracy going forward.

Edited by Victoria Watcher, 15 April 2024 - 01:59 AM.

[Victoria Watcher]

Les Leyne: Aboriginal title for Haida Gwaii raises questions for private landowners

 

All private land owners on Haida Gwaii will need consent from the Haida Nation, according to a law firm specializing in Aboriginal issues.

 

 

 

A law firm specializing in Aboriginal issues, Cassells LLP, called it a “great unknown” and said the draft agreement released a month earlier creates considerable uncertainty.

 

It’s a contract, not a treaty, and the impact on private land could have legal consequences, despite assurances.

 

“The province has fashioned a version of Aboriginal title which is unknown in law…”

 

The firm said Aboriginal title is held communally, which restricts how it can be used. “Aboriginal title cannot coexist with a fee-simple interest (private ownership).”

 

So all private land owners on Haida Gwaii will need consent from the Haida Nation, regardless of the assurances they will be protected. Those assurances are “meaningless,” the firm said.

 

There are also independent views that support the granting of provincial title.

 

It’s a leap of faith and the goodwill on display this week will have to be sustained for years for it to bear out.

 

 

 

https://www.timescol...downers-8643521

Edited by Victoria Watcher, Yesterday, 04:19 AM.