Haida Nation bids to take back its land

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The Haida Nation has put Canada on notice that it is asserting Aboriginal title to the Queen Charlotte Islands, known as Haida Gwaii, where the Haida make up one-third of the population. They laid claim on March 6 not only to the land, but the offshore resources, which are said to include multi-billion-dollar oil and gas reserves.

Aboriginal rights lawyer Louise Mandell, who is representing the Haida, describes the claim as "groundbreaking." She believes it is the first time a First Nation has claimed surrounding waters and offshore rights.

The Haida writ, which was launched amid a large turnout from their 33 clans, may be timed to interfere with the provincial government's move to lift a moratorium on oil and gas exploration offshore. It demands title to the "land, inland waters, seabed and sea" of Haida Gwaii.

Their suit asks the court to declare they own the land of Haida Gwaii plus surrounding waters, and that all activities there that are incompatible with the Haida Nation's preferred use of the territory cease.

Haida Nation president Guujaaw handed the writ to Haida runners in a highly charged formal ceremony, with instructions to take their claim of hereditary title to the B.C. Supreme Court.

The only compromise Guujaaw proposes is to have a unique, two-layer system of title, which he promises will not displace non-Native residents of the Queen Charlottes.

While the Haida say they know they own the land, they are willing to accept a "lesser" legal recognition that they are the Aboriginal title-holders, because of the reality of non-Native present-day occupation.

"The Haida title and the Crown title would co-exist-be layered."

Avril Archibald, a communications advisor for the Indian Affairs department, said "Our preference is always . . . the treaty negotiation process is the best means for resolving claims. We think it's better than litigation."

She said negotiations are always open "and we do hope they come back to the negotiations table."

Negotiations with the Haida "never formally ended; it's just been inactive for a long time."

Guujaaw said he is not interested in an agreement such as the one the Nisga'a negotiated.

"If you have title, you don't need a treaty," he said. "The court will examine and confirm that title had existed prior to the time of the Crown."

Archibald had no information about the Haida call for a government accounting of profits, taxes, stumpage dues, royalties and other benefits collected from the archipelago off the north coast of British Columbia.

The Haida's stand is sure to rankle the provincial Attorney General and Minister Responsible for Treaty Negotiations, Geoff Plant. The B.C. government is conducting a referendum this month by mail-in ballot on principles by which to conduct treaty negotiations. Native leaders in the province object to his attempting to subjugate their constitutionally entrenched Aboriginal title and rights to an opinion poll.