Conservatives slam B.C. court's Haida Gwaii decision granting Aboriginal title | Daily Hive

Conservative leader slams B.C. court decision granting Aboriginal title across Haida Gwaii

Haida Gwaii. (Google Maps)

The Supreme Court of British Columbia has issued another landmark ruling declaring that the Haida First Nation holds Aboriginal title to all of the lands of the Haida Gwaii archipelago.

While the historic decision is celebrated by local Indigenous leaders, it raises major questions about jurisdiction, governance, and the property rights of non-Haida residents.

This is the second Aboriginal title ruling made by B.C.’s top court, following the decision in early August 2025 to grant the Cowichan Tribes the Aboriginal title of a major land area in southeast Richmond. The Government of British Columbia, City of Richmond, and Musqueam Indian Band are appealing the decision over the Cowichan ruling; the federal, provincial, and municipal governments, Vancouver Fraser Port Authority, and Musqueam and Tsawwassen First Nations were all defendants in that separate case.

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Justice Giaschi’s declaration grants the Haida Nation’s title, encompassing land, freshwater beds, and intertidal zones.

While the federal and provincial governments supported the application after signing reconciliation agreements with the Haida Nation in 2024, the decision marks the first time Aboriginal title has been formally recognized across the entire terrestrial area of a First Nation’s territory in B.C.

Haida Gwaii, previously known as the Queen Charlotte Islands, encompasses hundreds of islands off the coast of B.C. Together, these islands have a combined total land area of about 10,200 sq. km. — about 89 times larger than the City of Vancouver or roughly one-third the size of Vancouver Island.

The entire archipelago has a population of approximately 4,500 residents.

The order directs that Haida First Nation, provincial, and federal laws must be reconciled during a transition period, raising immense uncertainty over land use, property rights, taxation, and governance for non-Haida residents of the archipelago.

“Eby government has created enormous legal and economic uncertainty”

Critics worry the shift could introduce instability for businesses, homeowners, and local governments that have operated under provincial authority, along with setting further precedent for other future land claims.

In particular, Conservative Party of B.C. leader John Rustad is placing the blame on Premier David Eby’s BC NDP-led provincial government

“British Columbians 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,” said Rustad.

“David Eby himself has said this model will be a ‘template’ for the rest of the province. That should send a chill down the spine of every single property owner in British Columbia.”

Langara Fishing Lodge in Haida Gwaii, BC. (Langara Fishing Adventures)

Rustad accuses the BC NDP of providing the foundation for such decisions to be made in the first place, after years of negotiations without transparency or public input on other Indigenous matters.

The B.C. Conservatives are calling on the BC NDP-led provincial government to immediately appeal this decision favouring the Haida First Nation, guarantee that private property rights will be respected and protected across the province, and stop using closed-door deals as a model for reconciliation, and commit to full public consultation on all future agreements.

“British Columbians deserve straight answers, not secrecy. 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,” continued Rustad.

Scott McInnis, MLA for Columbia River-Revelstoke and the B.C. Conservatives’ Critic for Indigenous Relations and Reconciliation, added, “Private property rights are the foundation of a free society and a strong economy. By throwing those rights into the garbage, the Eby government has created enormous legal and economic uncertainty — not just for Haida Gwaii, but for all of British Columbia.”

So far, the provincial government under the BC NDP have already moved to appeal the Cowichan Tribes’ Aboriginal title ruling in southeast Richmond.

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