Council of the Haida Nation Aboriginal Title Case
Restoring the Natural Balance
EAGLE took an integral role in representing the Council of the Haida Nation in an Aboriginal Title lawsuit seeking recognition of the Haida Nation's Aboriginal Title to the lands and waters of Haida Gwaii.
This case was filed in B.C. Supreme Court in March, 2002. In 1997 the Supreme Court of Canada held in the landmark Delgamuukw case that Aboriginal Title continues to exist in British Columbia, however, no Aboriginal Nation has yet proven Aboriginal Title in court. Essentially, the Supreme Court of Canada asserted that Aboriginal Title is a right to the land itself and includes a right to choose how lands may be used. Unlike fee simple title, Aboriginal Title is communally held and is subject to an “inherent limit”. The inherent limit precludes use of lands that would prevent future generations from using the lands in the same manner as present generations do. EAGLE, while we no longer have a formal role, remains highly supportive of the Haida Aboriginal Title Case, as the outcome - in our view - will serve to benefit all Aboriginal Peoples.
Read more:
Haida Aboriginal Case Background
