Press Release

The recent agreement reached between the Haida Nation and the government of British Columbia — called the Gaayhllxid/Gíihlagalgang “Rising Tide” Haida Title Lands Agreement

— marks the first negotiated settlement in Canada to recognize an Indigenous nation’s jurisdiction over its traditional territory.

The agreement has been welcomed by First Nations leaders in B.C. as a significant breakthrough in the recognition and protection of the inherent rights of Indigenous Peoples. The agreement also serves as an inspiration to Indigenous Peoples across Canada and around the world who share the common struggle to restore a viable and sustainable land base.

Historic. Inspiring. But also long overdue, particularly in light of the clear direction provided by decades of rulings and recommendations by international human rights bodies.

‘Defining element of identity’

The United Nations Expert Mechanism on the Rights of Indigenous Peoples found in a 2020 study that Indigenous Peoples’ connection to their lands and waters is “the defining element of their identity and culture and their relationship to their ancestors and future generations.”

Furthermore, as is the case for all people, wise management of land and resources is essential to the health and prosperity of families and communities.

The British Crown and other colonial states relied on racist concepts like the Doctrine of Discovery and Terra Nullius, known as the unowned lands doctrine, to seize Indigenous lands and ignore or subvert the laws and institutions through which Indigenous Peoples had successfully managed these territories. The consequence has been cultural loss, alienation, impoverishment, conflict and environmental degradation.

These are not simply the wrongs of the past. So long as the determination about who owns and controls what lands is based on such corrupt foundations, Indigenous Peoples will continue to be dispossessed and the state’s claims about justice, human rights and the rule of law will ring hollow.

This is why international human rights bodies have repeatedly called on all states to work proactively — and in partnership with Indigenous Peoples — to respect, protect and restore Indigenous Peoples’ rights to control and benefit from their traditional territories.

Historic Haida Nation agreement shows the world how to uphold Indigenous rights