Case Background
Balance for the land and the people
Haida Gwaii (the “Islands of the People”) is a temperate rainforest archipelago that has been called a northern “Galapagos” due to its biological diversity and richness. It is the traditional home of the Haida Nation, who wish to ensure the land and culture are protected for the next 10,000 years. To ensure this, the Council of the Haida Nation and EAGLE are bringing a legal case that will provide greater opportunities to protect this rare biological jewel and the culture that comes from the land.
What is Aboriginal title
The Haida Nation seeks to confirm Aboriginal Title to the lands and waters of Haida Gwaii. The laws and Constitution of Canada recognize Aboriginal Title as a legal interest in the land, which is held collectively. Aboriginal Title is a right to exclusive use and occupation of the land so long as those uses do not damage the land. This aspect of Aboriginal Title, which ensures that the environment will be protected, recognizes the long-standing special relationship between Aboriginal Peoples and the environment. This “inherent limit”, or sustainability limit, reflects the Haida’s traditional respect for nature and the world. Canadian Aboriginal law provides a unique opportunity to apply sustainability principles into the long-term management of the land and marine environment. Through recognition of Aboriginal Title, the Haida will maintain the islands’ richness for future generations of all peoples.
A new vision from an ancient culture
The Haida have always lived on Haida Gwaii (known also as the Queen Charlotte Islands). The Haida witnessed the arrival of the first tree to Haida Gwaii and have survived two ice ages. The Haida have never relinquished our legal title to Haida Gwaii. We have not negotiated a treaty with Canada, despite our efforts to work out our differences in a manner that provides real protection to Haida Gwaii.
For the last 100 years, Canadian national and provincial laws have limited and prohibited access to our life source. Commercial enterprise has caused permanent changes to the land and sea through industrial depletion -- for the profits of a few. The time has come to bring justice to the rightful caretakers of this land.
We seek to honour our deep belief in the interconnectedness of all life forms, and the importance of living in harmony with the natural cycles of the seasons. We envision a future where the lands and oceans are managed according to nature’s ability to produce. We see a future where our traditional ecological knowledge and principles are woven together with leading scientific opinions to create a model that is culturally, environmentally and economically sustainable.
“The Haida perspective recognizes that identity, culture, history and the very meaning of existence lie in the relationship with the forest, fish, air, water and everything in their surroundings. We desperately need to support and nurture that perspective and learn from it as we tear at the last bits of wild nature all over the planet” -- David Suzuki, geneticist, conservationist, author, television host