Haida lay claim to Queen Charlottes offshore oil, gas; oppose all drilling

Gary Park

The British Columbia government’s thoughts of lifting a moratorium on offshore oil and gas exploration have been sidetracked by a Haida First Nation legal action claiming ownership of the Queen Charlotte Islands and surrounding waters.

The Haida filed a writ in the Supreme Court of British Columbia March 6 following a British Columbia Court of Appeal ruling a week earlier that said the likelihood of Haida success in establishing aboriginal title to the area was “inescapable.”

Guujaw, president of the 7,000-strong Haida, said the claim covers an area that includes Dixon Entrance, Hecate Strait and south from the Queen Charlottes halfway to Vancouver Island.

He said the Haida do not believe that oil and gas can safely be extracted from the offshore.

“The technology doesn’t exist and we are not prepared to see offshore oil and gas drilling in any waters within a 200-mile limit surrounding Haida Gwaii,” he said.

Guujaw said the provincial government has refused to negotiate or recognize the aboriginal claim.

“Within industry like logging or mining, we are prepared to negotiate, but we oppose all offshore oil and gas,” he said.

Louise Mandell, an attorney who won the British Columbia Court of Appeal case for the Haida in late February, said the appeal court judge said the Haida claim was “very, very strong.”

The appeal court ruled that the British Columbia government and Weyerhaeuser Canada Ltd. have breached a legal and enforceable duty to consult with the Haida regarding logging activities.

The case involved almost 600,000 acres of logging land, nearly one quarter of the Queen Charlottes.

The verdict overruled a British Columbia government practice of allowing resources activities while the treaty settlement process was under way.