Canada Recognizes Haida Nation Government

Summary#

This federal bill recognizes the Haida Nation’s inherent right to self-government and names the Council of the Haida Nation (CHN) as its government. It gives CHN full legal capacity, transfers assets and liabilities from the Secretariat of the Haida Nation to CHN, and keeps existing Canada–Haida agreements in force. It also provides immunity for individual representatives and public officials, while keeping the CHN and related public bodies liable for harms. The Act implements sections 5 and 7 of the “Nang K̲’uula • Nang K̲’úulaas Recognition Agreement” signed on July 18, 2023.

• Recognizes the Haida Nation’s inherent rights and CHN as its authorized government (Recognition).
• Confirms CHN can exercise governing powers under the Haida Constitution (Powers).
• Grants CHN the legal powers of a person to own property, sign contracts, sue and be sued (Capacity).
• Shields individual CHN representatives and public officials from personal damages unless they acted in bad faith; CHN and its public bodies remain vicariously liable (Immunity).
• Transfers all assets and liabilities from the Secretariat to CHN on a set trigger date tied to British Columbia’s companion law (Interests vested or transferred).
• Keeps existing Canada–Haida agreements in force without interruption (Continuation of agreements) and does not change legal arrangements with Skidegate and Old Massett Band Councils (Continuation of legal arrangements).

What it means for you#

• Households (Haida citizens and residents of Haida Gwaii)

  • Your national government is formally recognized by Canada as the CHN, which speaks and acts for the Haida Nation (Recognition).
  • Services and programs delivered by CHN or its bodies continue; existing Canada–Haida agreements remain valid with CHN as the counterparty (Continuation of agreements).
  • Legal arrangements with Skidegate Band Council and Old Massett Village Council are unchanged by this Act (Continuation of legal arrangements).

• Workers and volunteers (CHN staff, appointees, election officials, and supervised volunteers)

  • You have immunity from personal lawsuits for damages for actions taken in your official role, unless a court finds you acted in bad faith (Immunity).
  • If harm occurs, legal claims would generally be directed at CHN or the relevant public body, not at you personally (Immunity).

• Businesses and nonprofits

  • Your contracts, leases, or permits previously with the Secretariat now continue with CHN; CHN has full legal capacity to contract and hold property (Capacity; Interests vested or transferred; Continuation of agreements).
  • Day-to-day dealings may shift to CHN as the legal counterparty on the trigger date set by British Columbia’s companion Act; no change in terms is required by this federal Act (Interests vested or transferred; Continuation of agreements).

• Local and Indigenous governments

  • Federal recognition clarifies that CHN is the government of the Haida Nation for intergovernmental relations (Recognition; Powers).
  • Existing legal arrangements with Skidegate and Old Massett Band Councils are unaffected (Continuation of legal arrangements).
  • The Governor in Council may issue regulations to implement the Act, which could set procedures relevant to federal–CHN interactions (Orders and regulations).

• Service users

  • Programs delivered by CHN or bodies it establishes continue without interruption, because agreements in place with Canada carry over to CHN (Continuation of agreements).
  • If problems arise from service delivery, claims are brought against CHN or the relevant public body, not individual workers, unless bad faith is proven (Immunity).

• Timing

  • Transfers of assets and liabilities occur “on the day on which section 4 of the Haida Nation Recognition Act, S.B.C. 2023, c. 24, comes into force” (Interests vested or transferred). Specific date: Data unavailable in this Act.

Expenses#

Estimated net cost: Data unavailable.

• No explicit appropriations, taxes, or fees are created by this Act (entire Act).
• Agreements between Canada and the Secretariat continue “as if” entered into by CHN; the Act does not change payment amounts or terms (Continuation of agreements).
• Transfer of assets and liabilities occurs within Haida institutions; no federal transfer amounts are stated (Interests vested or transferred).
• The Governor in Council may make regulations; any federal administrative costs are not stated (Orders and regulations).
• Official fiscal note: Data unavailable.

Proponents' View#

• Provides clear federal recognition that CHN is the Haida Nation’s government, which supports stable government-to-government relations and negotiations (Recognition; Powers).
• Ensures continuity of services and funding by keeping existing Canada–Haida agreements in force with CHN as the counterparty, avoiding gaps for program users (Continuation of agreements).
• Grants CHN legal capacity to own property, enter contracts, and be accountable in court, which can improve administrative efficiency and clarity for partners (Capacity).
• Protects front-line workers and volunteers from personal liability, which can help maintain service delivery and recruitment, while keeping CHN and its public bodies responsible for harms (Immunity).
• Implements key parts of the 2023 Recognition Agreement reached by Canada, British Columbia, and the Haida Nation, advancing reconciliation commitments (Preamble).

Opponents' View#

• Immunity for individuals, while common in public administration, may reduce personal accountability and could make some claims harder to pursue against individuals; relies on vicarious liability against CHN and public bodies instead (Immunity). Assumes courts will consistently find the right defendant.
• The Act leaves details of “public services and programs” and administrative structures to CHN and future regulations, which could create short-term uncertainty for partners and service users (Immunity; Orders and regulations). Assumes regulations or agreements will later clarify scope.
• The trigger for asset and liability transfer depends on a section of a British Columbia law coming into force, which may complicate timing and coordination across governments and contracts (Interests vested or transferred). Assumes timely provincial implementation.
• The Act does not include cost estimates or reporting requirements, making fiscal impact on federal administration and transition efforts unclear (entire Act). Assumes some federal adaptation costs exist but are not quantified.
• Possible overlap or confusion could arise between CHN authorities and existing band councils for certain functions, even though the Act preserves current legal arrangements with Skidegate and Old Massett (Continuation of legal arrangements). Assumes future intergovernmental protocols will address roles.