SoVote

Decentralized Democracy

Senate Volume 153, Issue 184

44th Parl. 1st Sess.
February 29, 2024 02:00PM

Hon. Yonah Martin (Deputy Leader of the Opposition): Honourable senators, I rise today to speak to Bill S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation.

The importance of legislation recognizing the inherent right of Indigenous peoples to governance and self-determination is not just a legal or political matter; it is a moral imperative that speaks to the heart of justice, equality and the preservation of Indigenous cultures.

Legislation acknowledging and upholding the inherent right to self-determination is not a mere gesture of goodwill — it is an essential step toward rectifying historical injustices and fostering a society that values diversity, inclusivity and equality. When Indigenous communities are granted the autonomy to govern their own affairs, it not only respects their distinct identities, but also empowers them to address the unique challenges they face.

By recognizing Indigenous self-determination, we are affirming their right to shape their economic, social and political landscapes in ways that align with their traditions and values. This recognition is not a threat to the broader society; rather, it is an opportunity to enrich our collective understanding of governance by embracing alternative models that have sustained Indigenous cultures for generations.

Moreover, legislation supporting Indigenous self-determination is a crucial step toward reconciliation. It acknowledges the need to right historical wrongs, foster healing and build a future where all members of society can thrive together.

Bill S-16 purports to be just that kind of legislation, following in the steps of similar legislation passed in my home province of British Columbia, as explained clearly by Senator Greenwood.

The Haida Nation is a nation with a rich and complex history. The Haida have inhabited the Haida Gwaii archipelago — formerly known as the Queen Charlotte Islands — for thousands of years. Their history is deeply intertwined with the rich, natural environment of the islands, which provided abundant resources for sustenance and cultural practices.

The Haida developed a sophisticated social structure and were known for their complex class system, which included nobility and commoners. They were renowned for their artistic achievements, especially their distinctive and intricate totem poles, canoes and other artifacts.

The first recorded contact between the Haida and European explorers occurred in the late 18th century when British and Spanish explorers arrived in the region. This contact had profound consequences for the Haida, as foreign diseases and changes in trade disrupted their traditional way of life.

The fur trade, particularly in sea otter pelts, became a significant part of the Haida economy in the 19th century. This period brought increased contact with European and American traders, leading to both economic opportunities and cultural challenges.

In the 19th century, the establishment of European and Canadian colonies had a significant impact on the Haida Nation. Missionary activities, the imposition of European laws and land dispossession had profound effects on Haida culture and sovereignty. Like many Indigenous peoples in Canada, the Haida experienced the destructive effects of the residential school system, which aimed to assimilate Indigenous children into the European-Canadian culture. This policy led to trauma for the survivors and their families and friends — the loss of language, culture and traditional knowledge.

Yet, the Haida persevered, and, in the latter half of the 20th century, the Haida, like many other Indigenous groups in Canada, began asserting their rights to their ancestral lands and self-determination. Land claims negotiations and legal battles resulted in the recognition of Haida title and rights.

Today, the Haida Nation is actively involved in various economic, cultural and environmental initiatives. They have achieved recognition of their rights and engaged in co-management of resources, and they continue to work toward preserving and revitalizing their language and cultural practices.

Honourable senators, Bill S-16 is another stepping stone in the Haida Nation’s journey to self-governance and self-determination. The Haida Nation has a long history of asserting their land rights and engaging in negotiations to address historical grievances related to land dispossession. This settlement process for the Haida involved a series of negotiations and agreements with the Canadian government.

The Calder case was a landmark legal decision in 1973 that acknowledged Aboriginal land title. The case was brought by Frank Calder, a Nisga’a leader, but its implications reached beyond the Nisga’a Nation and had an impact on other Indigenous groups, including the Haida.

In the 1980s and 1990s, Canada initiated a comprehensive land claims process to address Indigenous land rights and treaty negotiations. The Haida Nation, along with other Indigenous groups, became involved in this process which led to the Haida Accord being signed in 1985.

The Haida Accord laid the groundwork for negotiations between the Haida Nation and the provincial and federal governments. This accord recognized the Haidas’ right to negotiate land claims and self-government. Serving as a framework for negotiations between the Haida Nation and the governments of Canada and British Columbia, the accord outlined the principles and processes that would guide discussions on land claims and other related issues.

The accord set the stage for addressing land claims and comprehensive settlement negotiations. It acknowledged the need for a fair and just resolution that recognized the rights and title of the Haida people, emphasizing the importance of consultation and cooperation between the Haida Nation and the governments on matters related to resource management, land use and cultural heritage.

The accord acknowledged the significance of Haida cultural values and traditions, emphasizing the need to incorporate these values into the negotiation and settlement processes.

While not a final settlement, the Haida Accord affirmed the commitment of all parties to the broader treaty process in Canada, recognizing the need for negotiated agreements to address historical injustices and reconcile Indigenous land rights.

The Gwaii Haanas Agreement, signed in 1993, was another significant step in the land claims process. It established the cooperative management of the southern part of Haida Gwaii, known as Gwaii Haanas, between the Haida Nation and the federal government.

The agreement introduced a unique cooperative management framework, emphasizing collaboration between the Haida Nation and the Government of Canada for the stewardship of Gwaii Haanas. The agreement recognized the cultural and ecological significance of Gwaii Haanas for the Haida Nation. It acknowledged the area’s importance as a repository of Haida heritage, including village sites, totem poles and other cultural artifacts.

The Gwaii Haanas Agreement included provisions for the protection and conservation of the region’s ecosystems. It aimed to balance ecological sustainability with the cultural values and traditional land use of the Haida people.

The agreement established a Gwaii Haanas management board, featuring equal representation from the Haida Nation and the Government of Canada. This board played a central role in decision making related to the management of Gwaii Haanas.

The agreement granted the Haida Nation control over access to and use of cultural resources within Gwaii Haanas, reinforcing the Haida’s role in protecting their heritage.

Recognizing the importance of tourism to the region, the Gwaii Haanas Agreement addressed sustainable tourism practices and the need for collaboration to ensure responsible and culturally sensitive visitation.

The Gwaii Haanas Agreement reflected a commitment to coexistence and shared responsibility for the management of the region. It sought to reconcile the conservation of natural resources with the cultural and economic needs of the Haida Nation.

The Gwaii Haanas Agreement set a precedent for collaborative and innovative approaches to the management of protected areas, integrating Indigenous knowledge and practices into the governance of significant cultural and ecological landscapes. It contributed to the ongoing reconciliation efforts between the Haida Nation and the Government of Canada.

In 1993, the Haida Nation and the governments of Canada and British Columbia signed the Haida Nation final agreement. This comprehensive land claims settlement addressed issues of land ownership, resource management and self-governance. Following the settlement, the Haida Nation has been actively involved in co-management of natural resources, cultural revitalization and initiatives to strengthen self-governance.

It’s important to note that while the Haida Nation final agreement represents a significant milestone, the journey towards reconciliation and the implementation of these agreements are ongoing. The Haida Nation continues to play a crucial role in the stewardship of their lands and the preservation of their cultural heritage.

Bill S-16 affirms the Government of Canada’s recognition of the Haida Nation as the holder of the inherent rights of governance and self-determination. If passed, the legislation will formally recognize the Council of the Haida Nation as the government of the Haida Nation.

The bill would affirm and implement commitments in Bill 18, Haida Nation Recognition Act, entered into by the Haida Nation, the Government of Canada and British Columbia in July 2023.

The Council of the Haida Nation was formed as a national government in 1974. The Constitution of the Haida Nation was formally adopted in 2003. It mandates the council to conduct the external affairs of the Haida Nation and to steward the lands and waters of Haida Gwaii on behalf of the Haida Nation. This ensures that the Haida relationship with Haida Gwaii continues in perpetuity.

This is important because 50 years ago, the Haida Nation formed its own national government in the Council of the Haida Nation. The Haida Nation formally adopted its constitution in 2003, mandating the council, among other duties, to:

. . . steward the lands and waters of the Haida Territories . . . and to perpetuate Haida culture and languages for future generations.

The Haida government has been working for half a century, and through Bill S-16, it will finally receive formal recognition from the federal government. It is both symbolic and significant. Council of the Haida Nation President Gaagwiis Jason Alsop had this to say:

The Haida Nation:

 . . . didn’t wait for Canada or B.C. or anyone to empower us or come along and tell us how to do things. Our people recognized our inherent right to govern our lands and waters in a good way, to steward and speak for the beings and the supernaturals, and to uphold our inherent responsibility to care for our homelands.

The bill itself is straightforward. As I mentioned, the bill recognizes the Council of the Haida Nation as the governing authority for the Haida people.

While the bill is short on text, it has huge implications for the Haida Gwaii people. Legislation recognizing their inherent right to governance is a bridge towards creating a more just and equitable society, where the voices of all people, regardless of their cultural background, are heard and respected. Thank you.

1758 words
  • Hear!
  • Rabble!
  • star_border