Evaluation of British Columbia Ministry of Forests aboriginal rights and title-consultation guidelines — the Ditidaht case study

Abstract

The British Columbia Ministry of Forests’ “Aboriginal Rights and Title — Consultation Guidelines”, prepared in response to a Supreme Court of Canada decision on aboriginal rights and title, presents an interesting example of how common law influences provincial environmental policy. The policy addresses the British Columbia government’s fiduciary duty to First Nations and requires staff to consult with aboriginals during operational forestry planning. Adequate understanding of the policy is essential for lawful forest management. The Consultation Guidelines have become a key environmental policy in British Columbia.

This evaluation will increase understanding of the Consultation Guidelines and aboriginal title for forest practitioners and policy makers. Within the context of a Vancouver Island case study, the policy is analyzed in view of the following criteria: effectiveness, efficiency, equity, and effort. Even though the policy is over 2 years old and the government is actively managing forests in an area under negotiation for treaty, the policy has yet to be implemented. As a result, aboriginal concerns about the long-term environmental and economic sustainability of current forest practices go unheeded. This situation potentially jeopardizes the government’s ability to address its fiduciary responsibilities to aboriginals, as defined in case law and the Canadian Constitution.