BC Supreme Court Confirms Aboriginal Title Over Haida Gwaii

On September 5, 2025, the British Columbia Supreme Court (BCSC) pronounced an order (Haida Title Order), pursuant to which the following declarations were issued:

• the Haida Nation has Aboriginal title (Haida Title Declaration), recognized and affirmed under s. 35(1) of the Constitution Act, 1982, to the terrestrial areas of Haida Gwaii (Haida Gwaii Terrestrial);
• the Haida Nation, Canada, and British Columbia will give effect to the declaration of Aboriginal title in accordance with the terms and conditions of the "Rising Tide Agreement" and the "Big Tide Agreement" (Haida Title Agreements)¹;
• to provide adequate time for legislative amendments, the effect of the declaration of Aboriginal title is suspended in relation to the Attorney General of Canada for a period of 24 months from the date of the Haida Title Order, in respect of its application to:
  • certain national parks, conservation areas and heritage sites;