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.
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References
British Columbia Treaty Commission (1995) Status of the Ditidaht First Nation negotiations. Vancouver, B.C., www.bctreaty.net/files
Brundtland GH (1987) Our common future. World Commission on Environment and Development. Oxford University Press, Oxford
Forest Practices Board of British Columbia (1999) Annual Report Summary. Forest Practices Board, Victoria, B.C., www.fpb.gov.bc.ca
Gibson G, Higgs E, Hrudey SE (1998) Sour gas, bitter relations. Alternatives J 24:26
Hanebury JB (1993) Environmental assessment as applied to policies, plans, and programs. In: Kennet SA (ed) Law and process in environmental management — essays from the Sixth Conference on Natural Resources Law. Canadian Institute of Resources Law, Calgary, pp 101–126
Harrison K (1996) Passing the buck — federalism and Canadian environmental policy. UBC Press, Vancouver
Hoberg G, Morawski E (1997) Policy change through sector intersection: forest and aboriginal policy in Clayoquot Sound. Can Public Admin 40:387–414
Howard R (1999) Archaeological impact assessment report in the Ditidaht First Nation traditional territory. Ditidaht First Nation, Port Alberni
Kansky M (1987) Native Indian and Inuit views on the Federal Environmental Assessment and Review Process. Alberta Law Foundation, Edmonton, Alta.
Macklem P (1997) The impact of Treaty 9 on natural resource development in Northern Ontario. In: Asch M (ed) Aboriginal and treaty rights in Canada, essays on law, equality, and respect for difference. UBC Press, Vancouver
Ministry of Aboriginal Affairs (2000a) Principals make important progress on the BC treaty process — joint communiqué Canada, British Columbia and First Nations Prince George Summit, 1 May 2000. Ministry of Aboriginal Affairs, Vancouver, B.C., www.aaf.2gov.ca/aaf/statement.htm
Ministry of Aboriginal Affairs (2000b) Sechelt Indian band decision disappoints province — news release. British Columbia Ministry of Aboriginal Affairs, Victoria, B.C., www.aaf.gov.bc.ca/aaf/news/2000/000531-sechelt-nr.htm
Ministry of Forests (1999) British Columbia Ministry of Forests Aboriginal Affairs Branch Policy 15.1 — Aboriginal Rights and Title — Appendix, Consultation Guidelines. British Columbia Ministry of Forests Policy Manual, Victoria, B.C., www.for.-gov.bc.ca/tasb/manuals/policy/resmngmt/rm15-l.htm
Ross H (1995) Aboriginal Australians’ cultural norms for negotiating natural resources. Cultural Survival Q 19:33-39
Sharvit C, Robinson M, Ross M (1999) Resource developments on traditional lands; the duty to consult. Canadian Institute of Resources Law, Occasional Paper 6
Sieber P (2000) Ditidaht First Nation Response to Weyerhaeuser TFL 44 2000-2004 Forest Development Plan. Ditidaht Lands and Resources, Port Alberni
Strayd AH (1998) Culturally modified trees of British Columbia — a handbook in the identification and recording of culturally modified trees. Ministry of Forests PDF, Victoria, B.C., www.for.gov.be.ca/hfd/pubs/docs/mr/mr09l.htm
Taylor C (1997) The ACIDD Test: a framework for policy planning and decision making. Optimum, J Public Sector Management 27:53–62
Wouters G (2000) Shaping our future — BC forest policy review. British Columbia Ministry of Forests, Victoria, B.C., www.for.-gov.bc.ca/pab/review/index.htm
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Lindsay, K.M., Smith, D.W. Evaluation of British Columbia Ministry of Forests aboriginal rights and title-consultation guidelines — the Ditidaht case study. Environmental Engineering and Policy 2, 191–201 (2001). https://doi.org/10.1007/s100220000033
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DOI: https://doi.org/10.1007/s100220000033