May 31, 2026
New report warns Canada’s oceans at risk without Indigenous-led ocean governance
Lawyers representing Indigenous Nations are sounding the alarm as threats to marine territories on the Pacific Northwest Coast intensify—from renewed federal moves that weaken the long‑standing oil tanker moratorium to proposed changes to British Columbia’s Declaration on the Rights of Indigenous Peoples Act (DRIPA) following the Cowichan decision affirming Aboriginal Title to submerged lands. At the same time, industrial bottom trawling continues to devastate fragile ecosystems: Pacific Wild’s 2025 Dragged to Death report found nine vessels trawled 89,700 km² of the B.C. coast—an area larger than Ireland—catching thousands of species, including many at risk, in bottom trawls. Without immediate action, legal recognition of ocean title may come too late to prevent irreversible ecological loss.
Against this backdrop, a new report by White Raven Law Corp., supported by the Canada Climate Law Initiative, highlights how Indigenous law and Indigenous jurisdiction offer a path forward for protecting the oceans surrounding Canada. Compiled by Terri‑Lynn Williams‑Davidson, K.C., Richard M. Hutchings, Nigel Baker-Grenier, Marina La Salle, and Veronica Stanford, the report examines the deep relationships between Indigenous Peoples of the Pacific Northwest Coast and their marine territories, and the urgent need to restore Indigenous authority in ocean governance.
“Oceans define coastal Indigenous Peoples. We are the oceans and the oceans are us. It’s time for Canadian law to align, respect, and reconcile with this integrality and relationality.” -Terri-Lynn Williams-Davidson, K.C.
The report traces how Western legal constructs—particularly the doctrine of mare nullius, the notion of an “empty ocean”—have shaped Canadian law and contributed to the over‑exploitation of marine ecosystems while sidelining Indigenous laws and stewardship systems. It highlights the Haida Nation as an example of Indigenous law in action: through litigation, negotiation, co‑management, and the resurgence of Haida legal orders, the Nation has advanced a powerful model for sustainable ocean governance.
The authors argue that Indigenous law provides a strong legal and theoretical basis for understanding Aboriginal Title to marine territories, and that these frameworks are already proving effective in securing Indigenous involvement in ocean stewardship. For some Nations, co‑management may be a meaningful end in itself; for others, it is a step toward full restoration of Indigenous sovereignty.
The report concludes that Indigenous Nations have a wide range of tools—from litigation to co‑management to the revitalization of Indigenous law—to assert jurisdiction, protect marine territories, and steward ocean ecosystems for future generations. Corporations also have a role to play in supporting Indigenous Nations’ marine title and rights, and the report offers several strategies. It calls for a shift away from colonial conservation models and toward Indigenous‑led ocean governance grounded in keystone theory, respect for all relations, and the lived knowledge of Indigenous Peoples whose identities, autonomy, sovereignty, and culture are inseparable from the ocean.
“It is our hope that this report will assist Indigenous Peoples in their ongoing efforts to protect their territories and ways of life,” conclude the authors.
Download the report: https://ccli.ubc.ca/resource/indigenous-ocean-law-marine-title-rights-and-management/
About White Raven Law Corp.
White Raven Law offers Indigenous communities an innovative approach to handling legal challenges with integrity and compassion. We represent Indigenous Nations regarding matters relating to Aboriginal Rights and Title, administrative, environmental and forestry law. White Raven Law is committed to the resurgence of Indigenous legal orders. Indigenous ethics and perspectives permeate all aspects of our work. https://www.whiteravenlaw.ca/
About the Canada Climate Law Initiative
The Canada Climate Law Initiative provides businesses and regulators with climate governance guidance so they can make informed decisions towards a net-zero economy. Powered by the nation’s top expertise, we engage with boards of directors and trustees to ensure businesses understand their legal duties with respect to climate change. Our legal research allows us to stay one step ahead in a rapidly transforming policy landscape. https://ccli.ubc.ca/
Media contact