"Rising Tide" Haida Title Lands Agreement

Land involved in the agreement

Haida Gwaii, is an archipelago of about 150 islands off the northwest coast of British Columbia. It has a landmass of approximately 10,000 square kilometres (3,900 sq mi).^[11][5][7]

Objectives of the agreement

Haida Nation President Jason Alsop said the Agreement is a "step toward peaceful co-existence" with British Columbia. He said the Nation plans to take control of Haida Gwaii's economy according to Haida values and traditions.^[3]

The British Columbia government said recognizing Haida Aboriginal title is a "foundational step in reconciliation for the Haida Nation and the Province".^[9] The BC Minister of Indigenous Relations said the province chose to negotiate the agreement since litigation would create uncertainty for residents and businesses.^[12]

Constitutional entrenchment

On 5 September 2025, a BC Supreme court judge agreed to a request by the Haida Nation, British Columbia, and the Canadian federal government to constitutionally entrench Aboriginal title in Haida Gwaii. The constitutional amendment ensures that Aboriginal title cannot be repealed simply by legislation of a future provincial government.^[13][14] The court decision said, in part: "The Haida Nation has Aboriginal title recognized and affirmed under section 35(1) of the Constitution Act 1982 to the terrestrial areas of Haida Gwaii, including any submerged lands underlying freshwater or in the intertidal area between the high and low water marks, extending below the surface".^[15]

The transition process

The Rising Tide Agreement contains a transition process, initially estimated to take two years and extended to several years in 2026.^[9] During this time, BC and the Haida Nation are to negotiate laws, fiscal arrangements, and jurisdiction (for example, over parks and other government resources).^{[7][2][5][16]}

British Columbia was in court over a land claim with the Haida Nation when the province decided to negotiate the Rising Tide Agreement, but the court case continues so that any issues that cannot be resolved by negotiation can be settled in court.^[17] Haida Nation counsel David Paterson said the usual treaty process aims to reach a final and certain result through a comprehensive agreement, but he does not think there will ever be a final settlement for the Haida Nation, since the Haida approach "assumes an ongoing dynamic relationship between the parties".^[17]

Fiscal implications for BC

On the expenditure side, the agreement is not intended to change the status quo with BC's delivery of provincial public services in Haida Gwaii, including health care, education, transportation, maintenance of public highways, and fire and emergency services.^[4] On the revenue side, when the BC government gave the Haida Nation Aboriginal title over Haida Gwaii in 2024, control over the mineral deposits on land and offshore natural gas reserves was transferred to the Haida.^[18] It is still to be determine how this will affect the future flow of revenue to the provincial government if, for example, the government no longer has exclusive rights to the mineral royalties on what has become Haida Aboriginal title land.^[18]

The Rising Tide Agreement is not expected to delay the Haida civil claim against BC and Canada for issues that have not been resolved through negotiation. Although the Agreement does not explicitly state what has not been resolved, there may be a financial impact for the province since the Haida's civil claim seeks "an accounting of all profits, taxes, stumpage dues, royalties, and other benefits acquired by BC and Canada, or their servants, agents, and contractors, in respect to Haida Gwaii."^[4]

Implications for parks in Haida Gwaii

Jurisdiction over provincial parks (such as Naikoon Provincial Park), protected areas, and ecological reserves (along with other government assets), is to be worked out during the transition period.^[5][4]

Regarding national parks, the September 2025 BC Supreme Court order says that within 24 months, the Haida Nation will receive Aboriginal title over Gwaii Haanas National Park Reserve, National Marine Conservation Area, and Haida Heritage Site.^[11]

Private land in Haida Gwaii

The Rising Tide Agreements says "The Haida Nation consents to and will honour Fee Simple Interests".^[2] In a July 2026 letter to Haida Gwaii residents the province says the Agreement "does not change or take away fee simple interests, including private property, whether used for residential, business or industrial purposes. Policies, legislation and regulations pertaining to fee simple interests on Haida Gwaii remain under BC jurisdiction. The Agreement, and the legislation that followed protects the continued ownership and use of private property and does not alter existing private property rights. Providing this certainty for residents was and continues to be a priority" for both the Council of the Haida Nation and BC^[16]

An unprecedented aspect of the Rising Tide Agreement is that it gives the Haida Nation Aboriginal title over land that has private property title - also called "fee simple" title.^[7] (Privately-owned land comprises approximately 2.2% or 220 square kilometres of Haida Gwaii.^[5]) This has created legal uncertainty according to lawyer and former chief treaty negotiator for the BC government Thomas Isaac, who says that based on current law, Aboriginal title cannot apply on fee simple, privately-owned lands since Aboriginal title is an exclusive right to land, but fee simple title is also the exclusive right to land.^[7] Isaac also notes that the BC government did not have the beneficial interest in the land to give to the Haida because it had already given the beneficial interest to the fee simple title holders.^[7][19]

The Rising Tide Agreement was signed in 2024, and the August 2025 Cowichan Tribes v. Canada ruling prompted University of Saskatchewan constitutional law professor Dwight Newman to say that uncertainty will exist regarding how Aboriginal title and private land title can coexist, pending the appeal of the case.^[11] The claim related to government-owned land, but the court nevertheless also granted Aboriginal title to privately-owned land, and said that the Cowichan Aboriginal title is superior.^{[20][21][14][22][23]} A factor contributing to the uncertainty is that, in the Rising Tide Agreement, BC says Aboriginal title and fee simple title can coexist, but in the Cowichan case BC government lawyers argued to the contrary, that Aboriginal title and fee simple title cannot coexist because both include the right to exclusive use and occupancy.^[14]

Land-use regulation

An issue to be determined is how the Haida Nation's regulatory authority over private land would relate to a local government's zoning powers, and how it would reconcile with local government powers. Related to this, it is unclear if there are legal implications given that non-Haida residents (who represent about half of Haida Gwaii's population of approximately 5000^[24]) cannot vote in Haida elections, although they would be subject to Haida decisions on land regulation.^[2][25][26]

Constitutionality of provincial legislation on Aboriginal title

Canada's constitution says in section 91(24) that only the federal government has the power to make laws that relate to Aboriginal issues. The McMillan law firm, among others, note that "there is a legitimate question as to whether a law specifically directed at the recognition and implementation of Aboriginal title would be found unconstitutional if passed only by a provincial legislature."^[2][27][19]

Criteria for Aboriginal title in Haida Gwaii

A former legal counsel on Indigenous law, Geoffrey Moyse, observes that with the Rising Tide Agreement, the BC government did not require the usual standard for evidence of Aboriginal title under Canadian law, which would entail occupation of the entirety of Haida Gwaii in 1846 (the date of the assertion of British sovereignty in BC) including areas more than one kilometre inland from shore.^[28] He notes that if the agreement means the evidence standard differs for Haida Gwaii compared to land claim areas of other First Nations, it could lead to lawsuits.^[29]

Information on Constitutional entrenchment

Although the constitutional entrenchment of the Haida Nation's Aboriginal title to Haida Gwaii on 5 September 2025 could have far-reaching implications, the first public confirmation of the court proceedings came from the province on 11 September, and then only at the prompting of reporters.^[23][15][11] The lack of prior information (which was withheld even from the Minister of Indigenous Relations) added to calls for greater transparency and consultation with non-Haida residents of Haida Gwaii, businesses, and the wider British Columbia population.^{[27][30][15][28][31][32]} In 2026 BC Premier David Eby said that "our government has taken hard lessons about needing to be more proactive in reaching out to key stakeholders", while he continued to urge others to support his government's program on reconciliation with Indigenous people.^[33]