For some, historic legislation recognizing Aboriginal title throughout Haida Gwaii is a blueprint for Reconciliation.

For others, it as a slippery slope toward re-defining property rights in B.C.

While the Haida Nation Recognition Amendment Act was among nine pieces of legislation that received Royal Assent on the final day of the legislature害羞草研究所檚 spring session, none carried more symbolic significance while generating more disagreement about its substance.

The act 害羞草研究所� which passed with 53 votes from New Democrats, Greens and independents in favour, against 25 votes from B.C. United and the Conservatives against 害羞草研究所� moves the Rising Tide Haida Title Lands Agreement signed April 14 into provincial law.

The agreement recognizes title (exclusive use and control) by the Haida First Nation over the 200-island-archipelago 100 kilometres west of B.C.害羞草研究所檚 northern coast and spells out the process for an estimated two-year transition toward Haida jurisdiction.

害羞草研究所淚t is explicit that this (law) will not impact private property, local government or the (public) services that people at Haida Gwaii use every day,害羞草研究所� Premier David Eby said Thursday in responding to continuous questions.

Eby said the law responds to legal conflicts that have lasted more than two decades and praised it as a path toward joined prosperity for all involved parties. He called it a 害羞草研究所渢emplate害羞草研究所� for other agreements.

Critics raise concerns about the property rights of non-First Nations. Supporters accuse those critics of unnecessarily stoking racial division.

The latter group includes First Nations Leadership Council, local municipal and private interests on Haida Gwaii, and former politicians, including former B.C. attorney-general Geoff Plant. Government also pointed it has consulted widely, including with leading business groups inside and outside the resource sector.

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But more critical assessments persist.

McMillan LLP, a leading Canada-wide law firm, pointed to several questions in its assessment. They start with the 害羞草研究所減reliminary question害羞草研究所� of whether a 害羞草研究所渓aw specifically directed害羞草研究所� at recognizing and implementing Aboriginal title would be found unconstitutional if passed only by a provincial legislature.

B.C. Minister of Indigenous Relations and Reconciliation Murray Rankin said during debate last month that case law recognizes B.C.害羞草研究所檚 ability to implement Aboriginal title without Canada on the basis of exclusive provincial jurisdiction over property and civil rights.

But McMillan害羞草研究所檚 assessment also raises the question of whether private property is even possible under Aboriginal title. Courts have defined this as a 害羞草研究所渃ommunal害羞草研究所� right which First Nations cannot transfer, sell or surrender except to the Crown.

The assessment asks if First Nations can 害羞草研究所渃onsent害羞草研究所� to private ownership where Aboriginal title exists, what rights will private property owners have when Aboriginal title includes the 害羞草研究所渞ight to choose the use to which the land is put害羞草研究所�?

Private property accounting for about two per cent on Haida Gwaii remains under provincial jurisdiction in 害羞草研究所減erpetuity,害羞草研究所� Rankin said.

害羞草研究所淭he bill sets this out,害羞草研究所� he said. 害羞草研究所淚t害羞草研究所檚 codified with explicit Haida consent, leaving it absolutely clear and legally indisputable.害羞草研究所�

B.C. United害羞草研究所檚 Michael Lee, however, questioned this promise, noting that First Nations have challenged private ownership by non-First Nations in the past. Amendments by B.C. United that have would excluded private property from title recognition failed.

Rankin reiterated the protection of private property during debate, pointing to the analysis of Kent McNeil, emeritus distinguished research professor at Osgoode Hall Law School. While the Haida Nation can acquire fee simple lands, those lands will remain in private hands and will not be subject to Haida control or jurisdiction until purchased, Rankin said, citing McNeil.

It remains to be seen whether the act can serve as a template though.

害羞草研究所淲hile the (agreement) is an historic step in furtherance of reconciliation, the extent to which this (agreement) can serve as a blueprint for future Aboriginal title claims remains to be seen,害羞草研究所� reads an analysis from Osler, Hoskin and Harcourt.

That analysis adds that Haida Nation害羞草研究所檚 claim is 害羞草研究所渆xceptional害羞草研究所� in many ways, including the archipelago害羞草研究所檚 isolated geography and the absence of competing claims. 害羞草研究所淣onetheless害羞草研究所�(it) marks a positive step away from protracted litigation that has characterized Aboriginal title claims, toward greater cooperation and legal certainty.害羞草研究所�