B.C. Supreme Court rules Haida Nation has sovereignty over Haida Gwaii

The unprecedented ruling recognizes full Aboriginal title over the entirety of Haida Gwaii

The B.C. Supreme Court has recognized full Aboriginal title for the Haida Nation over the entirety of Haida Gwaii.

The unprecedented ruling came down from Justice Christopher Giaschi on Friday, Sept. 5 and grants complete sovereignty for the Haida Nation over the terrestrial areas of Haida Gwaii. The Haida application was supported by Canada and the Province based on agreements with the Haida Nation made in 2024.

“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,” Haida Nation stated. “Today, the Haida Nation took a significant step towards meeting its inherent responsibilities to ensure that Haida Gwaii is protected for future generations.”

Justice Giaschi’s order also included that the country, province and Haida Nation will give effect to Aboriginal Title in accordance with the conditions of the Rising Tide Agreement and Big Tide Agreement, which includes the agreement that the three parties will reconcile their respective laws, jurisdictions and titles during a transition period.

Spencer Chandra Herbert, B.C. minister of Indigenous relations and reconciliation, said the ruling helps build a more prosperous future together.

“Negotiations and collaborating together for a better future is the best path forward, as it creates opportunity, prosperity and certainty for all,” he stated.

While the Haida Nation is celebrating what they called a historic day, not only for them but for all Canadians, not everyone is on board with the ruling.

In a news release by the Conservative Caucus of British Columbia, Opposition Leader John Rustad blasted the decision and Premier David Eby, saying the ruling raises some serious concerns and B.C. residents are right to be alarmed.

“The Eby NDP has allowed this process to unfold in secrecy, without consultation with non-Indigenous residents or businesses, and now thousands of British Columbians face uncertainty over their homes, property and livelihoods,” Rustad said. “Eby himself has said this model will be a ‘template’ for the rest of the province, [and] that should send a chill down the spine of every single property owner in British Columbia.”

Rustad pointed out that the ruling grants complete sovereignty over private property as well and leaves private property rights and business security on Haida Gwaii in jeopardy.

He is calling on the NDP government to immediately appeal the ruling, guarantee that private property rights will be respected and protected across B.C. and stop using “closed-door deals” as a model for reconciliation and instead consult with all British Columbians on future agreements.

“British Columbians deserve straight answers, not secrecy,” Rustad said. “We support economic opportunities for Indigenous communities throughout B.C., but this cannot mean the end of property rights or the destruction of certainty for businesses and families—David Eby has set B.C., and Canada, down a dangerous path.”

The ruling ends a major part of the Haida Nation’s court case for title to Haida Gwaii, which was filed in 2002. A Supreme Trial is scheduled for 300 days in 2026.