It was heralded as a breakthrough deal last spring—the province recognizing Aboriginal title to Haida Gwaii—the deal affirmed by the B.C.’s Supreme Court Friday, but the opposition B.C. Conservatives say the agreement and subsequent court order raise serious concerns about private property rights.
“Property rights are not protected under our constitution, but Indigenous rights are,” noted Leader John Rustad Tuesday. “We are seeing today a tremendous amount of instability and uncertainty because people no longer know what your private property rights are in British Columbia.”
The landmark deal, signed in April 2024, grants Aboriginal title to the whole of Haida Gwaii, but explicitly spells out that fee simple private property remains intact, as does public infrastructure.
The NDP and Haida Nation call Rustad’s concerns fearmongering, and say the agreement provides clarity about private property rights.
“I think it is dangerous to stoke that fear in the public,” said Haida Nation President Gaagwiis on Tuesday, adding, “Indigenous people have been more than accommodating.”
Minister of Indigenous Relations and Reconciliation, Spencer Chandra Herbert, said Rustad is motivated by politics to sow division.
“An agreement with Haida is about creating certainty here on Haida Gwaii. And that’s for private property owners, that’s for business owners – that’s for the Haida themselves, that’s for everybody,” he said.
The case comes on the heels of the controversial Cowichan Tribes Supreme Court decision last month, which recognized the co-existence of Aboriginal title and private property and called Aboriginal title senior. The province is appealing the Cowichan Tribes decision, noting the uncertainty raised by it. Rustad says the co-existence of the two rights in Haida Gwaii—despite the language of the agreement—raises concerns down the road, because Aboriginal titles are protected constitutional rights and fee simple private property rights are not.
“I suspect that if a future Haida Nation decide to back away from that, claiming their Indigenous rights under the constitution override private property rights, I suspect they would win that case,” he said.
The president of Haida Nation disagrees. “The Haida Nation is honourable, we’re honouring our agreements, we’re honouring our commitments with the people that we live together with on Haida Gwaii,” said Gaagwiis.