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

Kootenay Robusters end 18th paddling season

Women of Trail, Castlegar, Rossland, Christina Lake and Grand Forks came together in 2001

Trail bus line readies to takeover Kelowna run

Silver City Stage Lines must have a booking site up by Sept. 30; two vehicles activated by Oct. 26

More burning prohibitions rescinded in southeast B.C.

Category 2 and 3 fires will be permitted in Southeast Fire Centre as of 1p.m. on Wednesday.

Cops For Kids’ southeast B.C. tour rolls on

Annual RCMP fundraiser will see 34 cyclists ride 1,000 kilometres raising funds

Municipal spending outpaces population growth 4-fold in B.C.: report

Canadian Federation of Independent Business has released its annual operational spending report

Environment Canada confirms Ottawa area hit by two tornadoes Friday

At one point more than 200,000 hydro customers were blacked out

Whitecaps see playoff dreams fade after 2-1 loss to FC Dallas

Goal in 87th minute seals Vancouver’s fate

B.C. students send books to displaced students of Hornby Island school fire

Maple Ridge elementary school teacher says students learned about acts of kindness

WHL: Kootenay Ice drop Calgary Hitmen 5-3 in home opener

Youth take centre stage as Kootenay explodes for three second-period goals

Trump drains oxygen from Trudeau foreign policy with PM, Freeland bound for UN

A lot has changed since the Liberals came to power in Canada in 2015

B.C. man fined $15,000, barred from trading securities for fraud

Larry Keith Davis used money from an investor to pay personal bills

Emergency crews investigate small sulphuric acid spill in Kootenays

IRM states a small volume of less than one cup and three dime-sized drips were leaked from carrier

Family, friends of B.C murder victim want killer sent back to max security facility

Group wants convicted murderer Walter Ramsay sent back to a maximum security facility

Most Read