Question Period Note: Haida Title Lands Agreement Act

N.A.

• The Government of Canada has recognized Aboriginal title for the first time through a negotiated agreement, the Chiixuujin [Chee-whoo-gin] • Chaaw Kaawgaa [Cha-Kow-Gaa] “Big Tide (Low Water)” Haida Title Lands Agreement.

• We are now advancing the Haida Title Lands Agreement Act to implement this historic agreement.

• The Agreement recognized Haida’s title in Haida Gwaii while also balancing the need to protect existing interests and preserve public services.

N.A.

If pressed on fee simple / private property rights

• Property owners have the assurance of knowing that Haida, British Columbia and Canada have all committed through negotiated agreements to respect existing private property interests and rights.

• Through the “Big Tide (Low Water)” Agreement, Haida consents to the continuation of all fee simple interests, which are about 2% of the land on Haida Gwaii.

• This is an example of the effectiveness of negotiation rather than litigation as a means to resolve Aboriginal title claims. If pressed on the Haida Aboriginal title litigation and Consent Order

• Haida has long sought recognition of their claimed Aboriginal title, starting litigation in 2002.

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• Canada has been working with Haida to reach a negotiated, mutually beneficial outcome which saves time, money and reduces the risk from uncertain Court decisions.

• On September 5, 2025, the BC Supreme Court issued a declaration that the Haida Nation has Aboriginal title to the land of Haida Gwaii, out to the low-water mark.

• This declaration was the result of a tripartite consent order, supported by Haida, British Columbia, and Canada.

• The order will bring the federal and provincial Title Agreements into effect and the Court has provided Canada with 24 months – a deadline of September 5 2027 - to bring the necessary legislation into place.

• The Agreement was subject to public consultation on Haida Gwaii, jointly led by Canada and Haida.

• Canada’s legislative process will provide time to further debate the specifics of implementing the Agreement and ensure that it meets Canada’s interests.

• The Big Tide (Low Water) Agreement safeguards against risk to private property owners or fee simple interest holders and provides for the continuation of public services on Haida Gwaii.

• We thank the Haida Nation for their collaboration in achieving this positive outcome. If pressed on potential impacts from the Cowichan Tribes litigation

• The “Big Tide (Low Water)” Agreement and proposed legislation are unique to Haida, using a negotiated approach for Aboriginal title recognition rather than litigation.

• The Big Tide (Low Water) Agreement recognizes Haida Aboriginal title to specific lands but safeguards against risk to private property owners or fee simple interest holders. Fee simple interests are continued. If pressed on expectations of other Indigenous groups

• The Government of Canada’s recognition of Haida’s Aboriginal title is limited to areas where there are no overlaps with other First Nations.

• Any other situation would need to be considered on a case-by-case basis, including the strength of claim to Aboriginal title under the common law test established by the Supreme Court of Canada. If pressed on taxation

• The Big Tide (Low Water) Agreement does not impact federal taxation.

• Any future negotiations related to taxation would require the involvement of British Columbia and would be subject to additional approvals.