Indigenous Peoples of the Pacific Northwest Coast are inextricably intertwined with their marine territories and the ecosystems and species contained therein. These powerful, symbiotic connections have endured generations of colonial and federal legislation and policies that dispossessed Indigenous Peoples of access to resources.

In this report, Terri-Lynn Williams-Davidson, K.C., Richard M. Hutchings, Nigel Baker-Grenier, Marina La Salle, and Veronica Stanford explore the complex context of oceans, where Indigenous Title, laws, and justice have been sidelined, and threats to marine health and biodiversity elevate the urgent need for sustainable oceans management. The geographic focus is necessarily Canadian and particularly focused on British Columbia, where the Haida Nation’s success both in negotiations and litigation serve as the preeminent case study.

The report begins where Canadian law begins: with Western conceptualizations of what is termed mare nullius—the empty ocean, akin to terra nullius or empty land and the premise upon which Canadian law has been established. The authors discuss oceans as a cultural construct leading to an inevitable conclusion—the over exploitation and failing health of marine life and ecosystems, with grave implications for coastal Indigenous Peoples. In the quest for Indigenous justice, they explore the tools available to Indigenous communities to protect their marine territories, including Aboriginal Title and Rights litigation, Indigenous Marine Protected Areas, and co-management arrangements. They advocate for a shift away from Aboriginal law towards Indigenous law, employing the conceptual frameworks of keystone theory and respect for all relations to support sustainable ocean governance. Indigenous leadership in marine stewardship is essential. The authors conclude with a vision premised on the successes achieved thus far by Indigenous Peoples at home and around the world.