The British Columbia government is under scrutiny following a recent Supreme Court ruling that grants Aboriginal title over all of Haida Gwaii, including private property and Crown land. This decision, issued on September 5, has raised concerns about transparency and public involvement in the reconciliation process.

The ruling was supported by both the provincial and federal governments, yet they have not made any official statements regarding their roles in the matter. The Haida Nation celebrated the ruling, but many British Columbians, particularly property owners and other stakeholders, feel excluded from the discussions that led to this significant judicial order.

The court's decision is based on agreements made between the B.C. government and the Haida Nation, which were approved in a referendum limited to Haida members. This has sparked criticism, as nearly half of the residents in the region are non-Haida. The recognition of Aboriginal title over Haida Gwaii has raised serious questions about its implications for democracy, the ability of future governments to act in the public interest, and the rights of private property owners.

Experts in Aboriginal law, including Thomas Isaac and Mackenzie Hayden, have noted that the rights associated with both Aboriginal title and private property ownership are fundamentally incompatible. They stated, "The rights in land which flow from both a fee simple interest and Aboriginal title interest … include exclusive rights to use, occupy and manage lands. The two interests are fundamentally irreconcilable over the same piece of land."

The situation is further complicated by a recent B.C. Supreme Court decision regarding Aboriginal title in Richmond, where the judge indicated that certain fee simple land titles might be "defective and invalid" because the Crown lacked the authority to issue them. Constitutional law professor Dwight Newman warned that if past fee simple grants in areas with Aboriginal title claims are invalid, it could mean that privately owned lands in B.C. could be overridden by Aboriginal title.

Despite the significant implications of the Haida Gwaii ruling, the provincial and federal governments have not publicly addressed the judgment. Indigenous Relations Minister Spencer Chandra Herbert faced backlash after attempting to downplay the situation on social media, which many interpreted as an effort to mislead the public.

As the situation develops, the lack of communication from government officials has left many citizens in the dark about the potential impacts of the court's decision and the agreements that led to it.