Presentation on theme: "Aboriginal Title & Forest Management The New Reality By: Lennard Joe For: NAFA Meeting Saskatoon Saskatchewan December 3, 2014."— Presentation transcript:
Aboriginal Title & Forest Management The New Reality By: Lennard Joe For: NAFA Meeting Saskatoon Saskatchewan December 3, 2014
Introduction Lennard Joe Registered Professional Forester Shackan Indian Band Nla'kapamux Nation GM Stuwix Resources JV
Nla’kapamux Who are the Nla'kapamux People Traditionally Semi-nomadic tribe in South Interior BC Made up of 2 Tribal Councils Hunters, gatherers, fishing – summer & winter homes. Exclusive occupation of Nla'kapamux lands. Strong development in forest management Traditional territory Overlaps - Area of common Interest territory Nation surrounded by 4 other Nations Travel all over territory for specific uses Protocols & Principals with each other & other FN’s
Life before the Tsilhqot’in decision Aboriginal Title was asserted but not proven First Nations considered stakeholders. Duty of crown to consult, & in some cases, accommodate BCCA endorsed "postage stamp approach" Aboriginal Title - specific sites such as Licks, rock outcrops. Government created “forest opportunities” at band level Forest Range Opportunities (FRO) Forest Range Agreements (FRA) Forest Tenure Opportunity Agreements (FTOA) Forest Consultation Accommodation Revenue Sharing Agreements (FCRSA)
BC Court of Appeal BC Appeals Aboriginal Rights BCCA upheld all Tsilhqot’in Aboriginal Rights throughout entire claim area. BCCA upheld that forestry planning and licences unjustifiably infringed Tsilhqot’in Aboriginal Rights. Result – Forestry cannot proceed in claim area. BCCA endorses “postage stamp” as it is confined by Law to “specific sites”, i.e. Salt licks, particular rocks.
Delgamuukw test Land was occupied prior to the assertion of British sovereignty in 1846 The territory was exclusive used by the aboriginal group continuous occupation from pre-sovereignty to present To ground Aboriginal Title the occupation must possess 3 characteristics – it must be sufficient, continuous, and exclusive. Tsilhqot'in Decision was first time Canadian Court ruled that the Delgamuukw test was met
Supreme Court of Canada June 26, 2014 – Unanimous decision – 8 judges SCC declared Aboriginal Title to the Title Area. First time in Canadian History SCC rejects “postage stamp” approach. SCC states Aboriginal Title = Ownership Right to: Control the land and decide on how it will be used. Right to: use the land for traditional & modern purposes Right to: reap the benefits of the land and resources.
Nla'kapamux Post June 26 th BC leadership meeting in Vancouver in July 2014 BC Leaders meet with Premier & her cabinet in August 2014 Nicola Tribal Chiefs meetings Want Nation meetings with Nicola Tribal Council & Nla’kapamux Tribal Council Nation governance – 1993 Draft Declaration revisited. Meeting with Government as a nation with one unified voice. Process to Confirm Aboriginal Title TUS Maps, elders interviews, historical data Assessing Court Costs At least 27 Nations in BC
Forestry Consultation Issues Forest Stewardship Plans Cutting Permit & Road Permit applications License sales & transfers Timber Supply Reviews No Higher Level Plan Currently working with Ministry to address these issues. We have stopped CP applications & development in specific areas. We recognize that infringement is occurring & needs to be addressed. We currently have asserted title and do not have recognized title through the courts….yet.
Post Tsilhqot’in Exercising Title & Rights to the Land cease of activity notices throughout BC Eviction Notices Gitxsan Eviction Secwepemc Eviction - Ruddock Creek Mining Co. Nicola Tribes - Tolko cease process of cutting permits Merritt Timber Supply Area - TSR 5 on Hold Meetings with Ministry to address current Forest License.
Next Steps in Nla'kapamux Territory Tsilhqot’in decision provides sound guidance for effective and balanced consultation and accommodation discussions regarding decisions being made on Indigenous Lands.
Closing Remarks Now working on the “now what” and next steps. Implement, Implement, Implement – Question now is How.