Forest products are mostly harvested from Crown land in B.C.

Aboriginal title upsets B.C. forest policy

Landmark case says Forest Act doesn't apply where title is proven, cancels Crown timber licence

VICTORIA – The Supreme Court of Canada’s decision upholding aboriginal title in the Nemiah Valley in B.C.’s Southern Interior has major implications for provincial government policy, and the most immediate may be to forest licences.

The ruling comes as the B.C. government considers the results of a province-wide consultation on converting volume-based timber cutting permits to area-based permits, to encourage longer-term forest stewardship by licence holders on Crown land.

About 40 per cent of B.C.’s timber is harvested under 180 volume-based forests licences on Crown land. Private land is not subject to these licences, and was also excluded from the Tsilhqot’in Nation aboriginal title case that struck down a forest harvest licence issued in 1983.

B.C. Attorney General Suzanne Anton said it will take some time for the province to consider amending the Forest Act and other legislation that has been affected by the decision.

More than 90% of B.C. is Crown land, and much of that is subject to forest licences as well as unresolved aboriginal land claims. In the Tsilhqot’in territory west of Williams Lake, the high court’s landmark ruling negates the cutting permits that triggered the legal case in 1983.

“Now that title has been established [in the Tsilhqot’in claim area], the timber on it no longer falls within the definition of ‘Crown timber’ and the Forest Act no longer applies,” wrote Chief Justice Beverley McLachlin in the unanimous judgment released June 26.

McLachlin wrote that the B.C. government can still enforce “general regulatory legislation” such as that dealing with pest invasions or forest fire control in areas of proven aboriginal title. But a timber licence in such an area is “a direct transfer of aboriginal property rights to a third party” that would have to be agreed to by aboriginal title holders or justified as an intrusion of their constitutional rights.

The judgment left it open to the B.C. government to amend the Forest Act so it conforms with aboriginal title as it is declared.

In recent years the province has begun negotiating resource sharing agreements with aboriginal communities, including forest tenures and shares of provincial royalties from mines.

Two weeks before the Tsilhqot’in judgment, the B.C. government announced a three-year “stewardship agreement” with five of its member communities.

The province is providing $670,000 per year for projects to address forest and wildlife effects from the mountain pine beetle epidemic in the region.

 

Just Posted

Kurka keeps thing official

The longtime hockey referee has been on the ice in Prince Rupert for more than 30 years

Rampaging toward the playoffs

The Prince Rupert Rampage beat the Terrace River Kings 8-5 on Jan. 20

Sweet tradition returns: Sugar Shack 2018

The 2018 Sugar Shack festival celebrates Francophone culture in Prince Rupert Jan. 24-27

Joie de vivre

Finding those “awe” moments with family, friends and food

Christians unite for one service in Rupert

Father Terry Brock is hoping to unite all of Prince Rupert’s Christians under one roof for one night

VIDEO: New whale rescue equipment comes to Rupert

Fisheries officers took to the water to practice saving stranded whales

Carriers wanted for the Northern View

We have open routes for carriers all over Prince Rupert

Philadelphia Eagles headed to Super Bowl

After routing the Minnesota Vikings 38-7, they will face Tom Brady and the New England Patriots

Heavy snowfall closes Mount Washington on Vancouver Island

Road to ski resort deemed unsafe, vehicles buried under more than three feet of snow

VIDEO: Dramatic video shows return of rescued B.C. snowboarders

Two snowboarders were rescued near Rossland, B.C. on Sunday after being lost overnight.

Tom Brady leads Patriots back to Super Bowl, top Jaguars 24-20

New England to face winner of Sunday night’s game between Minnesota and Philadelphia on Feb. 4

Liberals quietly tap experts to write new paternity leave rules

Ideas include creating an entirely new leave benefit similar to one that exists in Quebec

Insurers say Canadian weather getting hotter, wetter and weirder

Average number of days with heavy rain or snow across Canada has been outside norm since spring 2013

Final phase of MDMA-assisted psychotherapy trials to kick off in B.C.

Doctors hope to get psychedelic-assisted psychotherapy legalized in Canada and the U.S. by 2021

Most Read