first nations interest and influence in land use planning in bc
TRANSCRIPT
First Nations Interest and Influence in Land Use
Planning in BC
Agenda Aboriginal Interests New Relationship Outcome of MPB
Forum (March, 2006) Joint Land Use
Planning Protocol Gitanyow Experience FN Perspectives on
Objectives
Aboriginal Interests What are they? Aboriginal rights and title exist but are
undefined. Case law will clarify, and as treaties
completed, aboriginal rights replaced with treaty rights.
Governments must consult and where appropriate accommodate those rights.
SCC (Haida-2004) not directive on how to consult, but some principles apply:
Honour of the Crown Balancing of Interests Consultation not just for operational
planning decisions Strategic land use planning or tenuring
decisions over large areas of traditional territory required
Third parties do not have an obligation to consult and accommodate
Procedural aspect may be delegated SCC (Sappier/Gray) expanding definition of
aboriginal rights – domestic use of timber. SCC (Bernard/Marchall) narrowing scope of
aboriginal title. BCSC (Xeni’) to define aboriginal title in BC
New RelationshipInfluence on forest management?New Relationship Vision document, Based on TRUST,
RECOGNITION and RESPECT of First Nation decision making
Integrated inter-governmental structures Legislation and policy change Economic benefit/revenue sharing New mechanisms for land protection, land
use planning and dispute resolution
Forestry Agreements (FRA-FROs) changed Revised language to fit New Relationship
principles Commitment to improve consultation
processes Agreement that new institutions and decision
making processes will be established Forest and Range Opportunity Agreements
amended (section 12.0 - land use planning, land protection, spatial planning at various scales).
Land Use Planning Change Haida SCC decision - need for first nations to
be engaged in planning processes. Since Haida SCC decision, - BC adopted G2G
processes.
Mountain Pine BeetleEpidemic 2001
Mountain Pine BeetleEpidemic 2006
BC/First Nations Land Use Planning Task Group (March 23, 24, 2006) New relationship and MPB Disaster
spurred on need for BC and First Nations to address land use planning.
Realities are: Province has invested significantly in
land use planning over past 20 years 85% of province covered by
government approved strategic land use plans
50+ First Nation Land Use Plans in place
Many FN land use plans under development
Current land use plans involving first nations in G2G
Agreement by BC and the Leadership Council that a Joint Planning Protocol needed to:
Ensure new land use plans are supported by FNs and government
Reconcile existing strategic land use plans
Joint Planning ProtocolWhat is this? A provincial framework for
governments to engage in land use planning that:
Provides for collaborative process for new land use plans
Reconciles existing plans
ILMB leading – MFR and MARR support
Links to Recognition Working Group (MARR) and Tenure Viability Working Group (MFR)
Provides the basis for individual First Nations to work with BC in a particular planning area
Working to conclude by end of 2007
Joint Planning ProtocolWhat is status?Topics in protocol - done: Background/Purpose Scope Objectives Guiding principles Information Management Dispute resolutions Consultation efficiencies
Topics in protocol – still working on: Governance and Decision making Planning Framework Implementation Framework Communication Resourcing Short term issues Priorities and timing
Gitanyow Experience What was accomplished?Joint Landscape Level Plan in Cranberry and Kispiox TSAs Led by district (with ILMB involvement) Use existing inventories Hired mutually agreed upon project
manager/consultant 16 month process (to be complete March
31, 2006) $85,000 total expenditure / 1 FTE (district)
Key Objective: To design ecosystem network that will
compliment Gitanyow cultural values/interests and provide for integrated management objectives.
Key Outcome: “pro-active consultation” Interests identified upfront Tool for focussing discussion Ensures interests are dealt with at
appropriate level More efficient consultation process
FRPA ObjectivesFirst Nation Perspectives Overall most FN’s having trouble
dealing with results based strategies Large desire to be prescriptive
FNs do not want to be restricted to their involvement only in cultural heritage resource value. Desire for involvement in all the
resource values, cultural heritage, cedar, wildlife, fisheries
FNs have lack of capacity to engage in information sharing/consultation
FNs have great interest in ground based monitoring - FREP
Documentation of cultural information inconsistent around the province- TUS
Looking to the Future New Relationship is leading the way across Canada Collaborative policy development occurring with First Nations Land use planning is key to reconciling Aboriginal interests with
crown title Increasing FN participation in the forest sector will improve land
use certainty, improve stability, and close the socio-economic gap.
Aboriginal Affairs Branch
2nd Floor1520 Blanshard Street
VictoriaBC
V8W3C8
Thank You.