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

U-Save property owner files six lawsuits against District of Hope

One of the lawsuits demands $6,200 to undo the work done on the roundhouse.

Rainfall warning issued across Lower Mainland into the weekend

50 to 70 mm of rain expected to fall starting overnight Friday and into Sunday morning

Husband pleads guilty in relation to 2009 killing of Kulwinder Gill

Abbotsford woman died in hit-and-run conspiracy

Raymond Lee Caissie gets life in prison for murdering Surrey teen in 2014

Judge numbers Caissie among ‘violent merciless men without a conscience’

Area A, B lose power, wireless service due to winds

BC Hydro and TELUS are working to restore service.

VIDEO: ‘Lyle the singing pig’ searching for home

SPCA say the pig is ‘not opera-ready’

Man in custody linked police search near Salmon Arm

Police have not connected arrest to search at Salmon River Road property

B.C. search groups mobilize for missing mushroom picker

Searchers from across the province look for Frances Brown who has been missing since Oct. 14.

Search for missing B.C. man a race against winter weather

David Jeff of Williams Lake was last seen in Kamloops during the chaotic wildfire evacuations

Man steals police car, goes for a ‘slow’ ride

Mission RCMP say the motive of the theft is unknown

Dodgers punch ticket to World Series

This will be the first time the Los Angles Dodgers have made it to the World Series since 1988.

Surf group winning the war on plastic bags

The Tofino Co-op will no longer provide plastic bags, following in the footsteps of the Ucluelet location that already made the change earlier this year.

All three victims identified in Fernie arena ammonia leak

Wayne Hornquist and Lloyd Smith were from Fernie and Jason Podloski from Turner Valley, Alta

5 to start your day

Sentencing in murder of Surrey teen expected, Maple Ridge mayor to step away from politics and more

Most Read