“The province says the ‘Rising Tide’ title agreement will shift ‘ownership and jurisdiction of land from the Crown to the Haida ‘Nation’.”
“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’ {tribe} launched a legal action seeking formal recognition.
“The province announced last month that it had reached a proposed deal with the Haida, which ‘Indigenous’ {sic} 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 {while you represented the interests of the rest of the Province}, 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”.
“Council of the Haida ‘Nation’ President Jason Alsop said the agreement is about
“honouring and recognizing the truth of our Haida history, and our relationship with Haida Gwaii that goes back to ancient times”.
{“Ancient times” when Haida warriors constantly raided other West Coast tribes, usually taking captives to be used as slaves…}
“It’s an acknowledgement of past denials and harms, and fully embracing the truth that Haida Gwaii is Haida land, always has been, always will be”,
Alsop said.
“We’ve never surrendered, ceded, in away way given up title to our land.”
“Alsop said the Crown tried to “assert their sovereignty upon us”,
{You ARE ‘Subjects of the Crown’ – the same as all Canadians. Your tribe is NOT “sovereign”!}
but the agreement means that after more than a century-and-a-half of that ‘imposition’,
“we stand before you today committed to a future that’s rooted in Haida history, Haida culture and Haida values in upholding our inherent right and responsibility to caretake Haida Gwaii”.
“The province says the “Rising Tide” title agreement is a “first-of-its-kind” deal negotiated between the government and the ‘nation’ {tribe}, shifting “ownership and jurisdiction of land from the Crown to the Haida Nation in Crown law”.
“Speaking at the ceremony, Premier David Eby said the title of the Haida people over the territory was never in question, and courts have been urging governments to recognize Aboriginal title by making agreements, rather than litigating the matters.
“He said when the law is introduced into the legislature,
“it will be the first time in Canada the title is recognized in this way”.
“It is an entirely different way of recognizing title {!}, something that the courts have been telling us to do for a long time”,
he said.
“It will also be an example and another way for ‘Nations’ {sic}, not just in British Columbia but right across Canada {? There are TREATIES!}, to have their title recognized.”
“A statement published Sunday by the ‘nation’s Ministry of ‘Indigenous’ Relations and Reconciliation said it is yet to be determined how the title will be implemented in a “planned and orderly way”.
“The agreement was signed by representatives from the Council of the Haida ‘Nation’, several hereditary chiefs, and officials from the B.C. government and others from municipalities.
“Desi Collinson, a regional representative on the Haida council, was the last signatory on the agreement, and applause broke out after it was done.
“We’ve all witnessed history here today”,
he said.”
–‘B.C. signs agreement handing over title to Haida Gwaii’,
Darryl Greer, Canadian Press, Apr. 14, 2024
“The B.C. government says this is a first-of-its-kind negotiated agreement that recognizes the ‘Nation’s right over the land, affirming the {Race} ‘rights’ of ‘Indigenous’ people.
…
“The province says 95 % of Haida citizens voted in favour of the agreement at a special assembly earlier this month. B.C. is set to introduce legislation later this month.
“The province says the Haida Title Lands agreement will not affect private property, and public infrastructure will continue to run under B.C. laws. Highways, airports, ferry terminals, schools, and health care will also not be affected, the government says.
{We shall see…}
“Haida Gwaii residents will continue to receive municipal services and continue to pay property tax the same way.
“Provincially issued leases, permits, and other approvals to use Crown lands and recreational access will remain in effect during the transition period, over several years.
{We shall see…}
“The province says future management of Crown lands will be negotiated with input from the regional community.”
–‘B.C. signs historic agreement handing over title to Haida Gwaii’,
Aastha Pandey-Kanaan, Vancouver CityNews, April 15, 2024
https://vancouver.citynews.ca/2024/04/15/bc-signs-lands-agreement-haida-gwaii/
Background:
“Over time, the Haida ‘Nation’ and the Province will work together to negotiate how provincial law and Haida ‘Nation’ governance can work together.”
“Murray Rankin, Minister of ‘Indigenous’ Relations and Reconciliation, has released the following update on the process of formally recognizing Haida ‘Nation’s ‘Aboriginal Title’:
“Since 2002, the Council of Haida ‘Nation’ and the Province of B.C. have been preparing for a court case on the question of Aboriginal Title on Haida Gwaii, while trying to find a lasting solution through negotiations.
“Today, I am providing an update on the draft agreement negotiated between B.C. and Haida, which has been posted publicly.
“We have arrived at an agreement that avoids costly litigation and instead provides stability for all residents with an orderly and incremental approach to implementation of Haida Aboriginal Title.
“The proposed “Haida ‘Nation’ Title” agreement would recognize Haida Nation’s Aboriginal Title throughout Haida Gwaii, a foundational step in the ‘reconciliation’ pathway of Haida ‘Nation’ and B.C.
{While we’re on the subject, what about the “reconciliation pathway” between the Haida and all of the other B.C. tribes that their Haida ancestors raided, stole, murdered and took slaves from?}
“The draft agreement is explicit:
-
-
Recognizing Aboriginal Title will not impact anyone’s private property, or local government jurisdiction and bylaws on Haida Gwaii.
-
Highways, airports, ferry terminals, health care and schools will not be impacted. Residents will continue to receive municipal services and pay property taxes in the same way they do today.
-
“Provincial laws will continue to apply and leases, permits or other approvals to use Crown lands, remain in effect. Over time, the Haida ‘Nation’ and the Province will work together to negotiate how provincial law and Haida ‘Nation’ governance can work together {? What’s to negotiate? They need to follow provincial laws and guidelines…Period.}, following extensive engagement with local governments, residents and others about those discussions. Until then, all land and resource decisions will continue to be made through existing processes.
“We know that Haida ‘Nation’ have a very strong Aboriginal Title case. Litigation would create ongoing uncertainty for residents and businesses and could result in an outcome dictated by the courts that wouldn’t work for the people of Haida Gwaii {? What about the people of the rest of B.C.?}.
“Instead, we have arrived at an agreement that provides stability for all residents and a path forward for the orderly, incremental approach to implementation of Haida Aboriginal Title.
“For more than 20 years, we have been engaging constructively on new, successful approaches to ‘reconciliation’, including jointly managing aspects of natural-resource and land-use decision-making on Haida Gwaii. Today, with the Gwaii Haanas National Park Reserve and Haida Heritage Site, and other areas, more than 50% of the land base on Haida Gwaii is ‘protected’.
“We are currently undertaking public engagement to create opportunities for everyone to be informed about the proposed agreement.”
More information, including an open letter to residents of Haida Gwaii, is available online:
–‘Minister’s update on Haida Nation Aboriginal Title agreement’,
‘Indigenous’ Relations and Reconciliation, March 15, 2024
https://news.gov.bc.ca/releases/2024IRR0011-000447
https://news.gov.bc.ca/releases/2024IRR0008-000358
–‘Draft Agreement on Haida Aboriginal Title’,
‘Indigenous’ Relations and Reconciliation, March 15/28, 2024
https://news.gov.bc.ca/releases/2024IRR0011-000447
“The Supreme Court’s jurisprudence on consultation and accommodation, emanating from its decision in ‘Haida Nation v. British Columbia (Minister of Forests)’
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2189/index.do
that gave them that veto power and so radically altered Canadian constitutional law by in effect making native Bands a de facto third fount of constitutional sovereignty, stems from a skewed view of history, is disastrous on policy grounds for everyone — especially the vast majority of marginalized, vulnerable aboriginal individuals — and is morally wrong as it entrenches a version of the odious separate-but-equal constitutional doctrine that the U.S. Supreme Court found fit to abolish in that country in 1954.
“Lawyers, academics, jurists, and the elites are all dancing on the head of the pin of this new and revolutionary jurisprudence that busily ascribes new rights to Indian bands without seriously considering whether they will ultimately benefit the vast majority of non-elite, powerless, vulnerable, aboriginal individuals.
“I don’t think they will. I think they will leave too many of Canada’s aboriginals even further behind and left out than they already are in the increasingly-urbanized and racially-indifferent Canada of the 21st century. Only their elites will derive any kind of benefits that are mainly personal and material in nature and worthless to those they serve.
“None of these elites are willing to ask publicly, or permit or encourage others to seek answers to the numerous basic questions about this new jurisprudence that silenced, intimidated, ordinary Canadians think about every day.
“I have a few examples:
–Is this shockingly new state of the law sensible, right, and good?
—Does it promote the overall welfare of our nation?
“Consider in this regard that major national undertakings like the Canadian Pacific Railway and the Trans-Canada Highway could never become reality if the ‘Haida Nation’ jurisprudence had existed then, just as the Ring of Fire and other significant projects today have stalled because of it.
“Is it ultimately good for ‘First Nations’? While this jurisprudence has been extant for many years, most social indicators for aboriginals continue to get worse.
“Our cherished and fundamental liberal values strive to give race no place in our laws. Does this jurisprudence not clash with these values?
“Does it not tend to further build racial walls between Canadians instead of helping to eliminate them?
“Will this jurisprudence help or hurt the Canadian economy?
“Can we afford it?
“Is affordability even a relevant factor or is this a case of proceeding full speed ahead for abstract rights, regardless of the cost?
“Should the mistakes of our past govern Canada’s indefinite future to this extent?
“Is it creating a two-tier justice system?
“Does it encourage and tolerate lawbreakers?
“Does Crown sovereignty matter?
“None of these elites are willing to ask or debate any of these questions or the even more fundamental issue of whether, in order to ameliorate the demoralization and dependency experienced by aboriginals, there are any better, more realistic options.
“Despite the baseless assertions of ‘First Nations’ elites to the contrary, assimilation does not mean the end of aboriginal culture. Witness multicultural Canada. In fact, assimilation is a natural, positive, beneficial process that has been occurring continuously since the origin of humans and has been fundamental to the development, progress, and primacy of our species. We’re all the product of this universal and timeless process.
“Our governments and politicians, our timid bureaucratic and police elites, our uncritical and ahistorical media, and our ‘First Nations’ elites all poorly serve Canada’s Indian peoples and hurt Canada more generally by so aggressively clinging to, and trying to expand, the illiberal, unworkable, and increasingly-dysfunctional ‘Haida Nation’-based status quo in this crucial area of Canadian life.
“For native peoples, unity and integration with the rest of Canadians is the best option.
“Only as a result of that will they experience and learn that, just like all other Canadians from all other backgrounds, they don’t need the crutches of the Indian Act, reservations, and special race-based laws to succeed in modern day Canada.”
Peter Best,
D. Peter Best Professional Corp.,
Sudbury, Ont.
–‘Letter: Legacy of Haida Nation decision decried’,
August 5, 2013
https://www.lawtimesnews.com/author/na/letter-legacy-of-haida-nation-decision-decried-10679/
“It is not widely acknowledged that Haida were still taking slaves from other nations 25 or more years after the US outlawed to practice. The practice was widespread, with tribes from virtually all of the west involved at various points. Should native historical figures involved be judged by today’s standards as well, and their memories purged?”
–Alan Strutt
Post of interest:
‘Trouble In Paradise’ (Haida/Pipelines) {August 18, 2016}:
“The extraordinary decision by a Haida clan to strip two of its hereditary chiefs of their titles for secretly supporting ‘Enbridge Inc.’s proposed ‘Northern Gateway’ pipeline is being closely watched by ‘First Nations’ across Canada…”
https://endracebasedlaw.wordpress.com/2016/08/18/trouble-in-paradise/
See also:
‘The Giveaway Continues’ (Stswecem’c Xget’tem ‘First Nation’ (SXFN) (Canoe Creek-Dog Creek)) {Jan.24, 2023}:
The government is now starting to turn private land over to Aboriginal tribes – something they promised would never happen.
P.S. They can’t ever be honest about the cost of so-called ‘reconciliation’. How do we know this land wasn’t originally stolen from another tribe?
“Nearly 7,800 hectares of ranch lands, along with grazing licences for 56,000 hectares of land, are being ‘returned’ to Stswecem’c Xget’tem ‘First Nation’ (SXFN) (Canoe Creek-Dog Creek) {a ‘nation’ of 810 people} as part of treaty negotiations with the Northern Secwepemc te Qelmucw (NstQ) {‘Northern Shuswap Tribal Council’, a lobbying organization}.”
https://endracebasedlaw.ca/2023/01/24/the-giveaway-continues/
‘Another Treaty Violation’ (McLeod Lake/Logging) {Mar.23, 2024}:
“The Treaty agreement stipulated that the newly-designated Treaty lands were to be nurtured to ensure that sufficient forests were there for future generations … The McLeod Lake Indian Band clear cut almost all its northern BC treaty lands, leaving lots of stumps and questions.”
https://endracebasedlaw.ca/2024/03/23/another-treaty-violation/
‘Public Isn’t ‘Public’ Any More’ (Provincial Park) {Aug.29, 2023}:
“More Race Based Law…
This is supposed to be a PUBLIC Provincial park, for ALL people!
“All Camping Reservations and Day-Use Passes will be cancelled by B.C. Parks.”
“Joffre Lakes Provincial Park will be closed until September 30, 2023. The Líl’wat and N’Quatqua ‘First Nations’ say the closure is in support of a harvest celebration in the area they call “Pipi7iyekw” and ‘widely-known’ {legally-known} as Joffre Lakes Park.”
https://endracebasedlaw.ca/2023/08/29/public-isnt-public-any-more/
‘The ‘Indigenization’ of British Columbia Law’ (UNDRIP) {July 15, 2022}:
Canadian governments are busy establishing a legal framework where Canadian law becomes subservient to the United Nations ‘ Declaration on the Rights of Indigenous Peoples’, regardless of the wishes of the Canadian people. British Columbia – along with the federal government — are foolishly leading the way in this undermining of Canadian democracy:
“A small bill with far-reaching implications. ‘Bill 29’ ran a mere three pages, including cover and explanatory notes. It constituted one of the first substantive moves by the government to amend provincial laws to incorporate the ‘principles’ of the United Nations Declaration on the Rights of Indigenous Peoples. ‘Bill 29’ added a clause that said every
“Act and regulation must be construed as being consistent with the Declaration on the ‘Rights of Indigenous Peoples Act’.”
“The latter being the Act whereby two years ago, the legislature unanimously enshrined the 46 articles of the UN Declaration and set in motion an action plan to incorporate them into provincial law.”
‘Balkanizing British Columbia’ (B.C./UNDRIP) {Jan.16, 2020}:
British Columbia politicians are thoughtlessly embedding Race law, two-tiered ‘rights’, and United Nations influence in all aspects of B.C. legislation:
“Horgan told the chiefs his government has a lot of work ahead {!}, to adapt provincial legislation {to segregate British Columbia} to the dozens of articles of the UN declaration {Some of which are CONTRARY to the Canadian Constitution}…”
https://canadiansforlegalequalityblog.wordpress.com/2020/01/16/balkanizing-british-columbia/
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