First Nations Interest and Influence in Land Use Planning in BC

Agenda  Aboriginal Interests  New Relationship  Outcome of MPB Forum (March, 2006)  Joint Land Use Planning Protocol  Gitanyow Experience  FN Perspectives on Objectives

Aboriginal Interests What are they?  Aboriginal rights and title exist but are undefined.  Case law will clarify, and as treaties completed, aboriginal rights replaced with treaty rights.  Governments must consult and where appropriate accommodate those rights.  SCC (Haida-2004) not directive on how to consult, but some principles apply: Honour of the Crown Balancing of Interests Consultation not just for operational planning decisions Strategic land use planning or tenuring decisions over large areas of traditional territory required Third parties do not have an obligation to consult and accommodate Procedural aspect may be delegated  SCC (Sappier/Gray) expanding definition of aboriginal rights – domestic use of timber.  SCC (Bernard/Marchall) narrowing scope of aboriginal title.  BCSC (Xeni’) to define aboriginal title in BC

New Relationship Influence on forest management? New Relationship  Vision document, Based on TRUST, RECOGNITION and RESPECT of First Nation decision making  Integrated inter-governmental structures  Legislation and policy change  Economic benefit/revenue sharing  New mechanisms for land protection, land use planning and dispute resolution Forestry Agreements (FRA-FROs) changed  Revised language to fit New Relationship principles  Commitment to improve consultation processes  Agreement that new institutions and decision making processes will be established  Forest and Range Opportunity Agreements amended (section land use planning, land protection, spatial planning at various scales). Land Use Planning Change  Haida SCC decision - need for first nations to be engaged in planning processes.  Since Haida SCC decision, - BC adopted G2G processes.

Mountain Pine Beetle Epidemic 2001

Mountain Pine Beetle Epidemic 2006

BC/First Nations Land Use Planning Task Group (March 23, 24, 2006)  New relationship and MPB Disaster spurred on need for BC and First Nations to address land use planning.  Realities are: Province has invested significantly in land use planning over past 20 years 85% of province covered by government approved strategic land use plans 50+ First Nation Land Use Plans in place Many FN land use plans under development Current land use plans involving first nations in G2G  Agreement by BC and the Leadership Council that a Joint Planning Protocol needed to: Ensure new land use plans are supported by FNs and government Reconcile existing strategic land use plans

Joint Planning Protocol What is this?  A provincial framework for governments to engage in land use planning that: Provides for collaborative process for new land use plans Reconciles existing plans  ILMB leading – MFR and MARR support  Links to Recognition Working Group (MARR) and Tenure Viability Working Group (MFR)  Provides the basis for individual First Nations to work with BC in a particular planning area  Working to conclude by end of 2007

Joint Planning Protocol What is status? Topics in protocol - done: Background/Purpose Scope Objectives Guiding principles Information Management Dispute resolutions Consultation efficiencies Topics in protocol – still working on:  Governance and Decision making  Planning Framework  Implementation Framework  Communication  Resourcing  Short term issues  Priorities and timing

Gitanyow Experience What was accomplished? Joint Landscape Level Plan  in Cranberry and Kispiox TSAs  Led by district (with ILMB involvement)  Use existing inventories  Hired mutually agreed upon project manager/consultant  16 month process (to be complete March 31, 2006)  $85,000 total expenditure / 1 FTE (district) Key Objective:  To design ecosystem network that will compliment Gitanyow cultural values/interests and provide for integrated management objectives. Key Outcome:  “pro-active consultation”  Interests identified upfront  Tool for focussing discussion  Ensures interests are dealt with at appropriate level  More efficient consultation process

FRPA Objectives First Nation Perspectives  Overall most FN’s having trouble dealing with results based strategies Large desire to be prescriptive  FNs do not want to be restricted to their involvement only in cultural heritage resource value. Desire for involvement in all the resource values, cultural heritage, cedar, wildlife, fisheries  FNs have lack of capacity to engage in information sharing/consultation  FNs have great interest in ground based monitoring - FREP  Documentation of cultural information inconsistent around the province- TUS

Looking to the Future  New Relationship is leading the way across Canada  Collaborative policy development occurring with First Nations  Land use planning is key to reconciling Aboriginal interests with crown title  Increasing FN participation in the forest sector will improve land use certainty, improve stability, and close the socio-economic gap.

Aboriginal Affairs Branch 2nd Floor 1520 Blanshard Street Victoria BC V8W3C Thank You.