Forestry across management and knowledge systems

1. Aboriginal peoples and forest industries:Many options for collaboration, but... no easy solutionsEnvisioning Tomorrow’s ForestsSustainable Forest Management Network ConferenceGatineau, Quebec, 22 April 2009

2. An SFMN State of Knowledge project Learn from projects across Canada Prepare two “State of Knowledge” reports Case studies of harmonization of Aboriginal and forest industry interests Best practices for development and use of traditional land use mapping studies in forestry Forestry across management and knowledge systems

3. Stephen Wyatt Université de Moncton Ron Trosper University of BC Peggy SmithLakehead University David Natcher University of Saskatchewan Martin HébertUniversité Laval Jean-François Fortier Research Assistant Garth Greskiw Research Assistant Solange Nadeau Canadian Forest Service Luc Bouthillier Université Laval plus other collaborators Research team

4. Project partners Grand Council of the Cree Quebec Treaty 8 First Nations Alberta Daishowa-Marubeni International Alberta Government of Quebec FNQLSDI Quebec Confederacy of Mainland Mi’kmaq Nova Scotia Tolko Industries Alberta Government of Alberta

5. Why? rights pragmatic How: types Practice & studies Building For managers

6. 1 Why should Aboriginal people and the forest industry collaborate? Legal obligations Pragmatic reasons Dr. Peggy Smith, Lakehead University

7. Collaboration—legal obligations • The Crown: constitutional obligation (s. 35) to recognize & affirm Aboriginal & treaty rights • Crown, in right of provinces, delegates forest management to industry • Industry may suffer the consequences of Crown’s failure to properly consult Why?rightspragmatic How:types Practice & studies Building For managers

8. Federal policy • National Forest Strategies (1992-2008) & Criteria & Indicators of SFM: acknowledgement of rights • Current “Vision 2008 & Beyond” has focused on economic development: • “Aboriginals & their businesses have a role to play in the forest economy. They are involved in the development of sustainable forest management practices, notably through the application of their knowledge & practices. As the dialogue between Aboriginals & governments, industry, & other forest sector members continues to evolve, it will create further opportunities that will benefit all & further sustainable forest management.” Why?rightspragmatic How:types Practice & studies Building For managers

9. Treaties, rights and title Historic treaties and modern day land claims Why?rightspragmatic How:types Practice & studies Building For managers

10. Supreme Court of Canada decisions Why?rightspragmatic How:types Practice & studies Building For managers

11. A “sui generis” (unique) form of land ownership Rooted in historic occupation & use of land Existed prior to European settlement Replaced by more specific rights in treaties The Sparrow Test Aboriginal or treaty rights can be infringed if: there is a valid legislative objective honour of the Crown is respected infringement is minimal consultation has occurred before infringement Aboriginal Title Why?rightspragmatic How:types Practice & studies Building For managers

12. Duty arises when Crown: knows of potential existence of right or title considers conduct that might adversely affect this Purpose of duty: Reconciliation Treat Aboriginal peoples fairly & honorably Trigger negotiations Accommodate Aboriginal concerns Principles: More than minimum acceptable standard Carried out in “good faith” Substantially address concerns of Aboriginal peoples Case specific—community by community Duty to consult Why?rightspragmatic How:types Practice & studies Building For managers

13. Proving occupancy • Onus on proving Aboriginal & treaty rights with First Nations & Métis • Based on historic use—burden of proof on Aboriginal peoples • Therefore, need to document historic & contemporary use • Based on oral history, written record, archaeological evidence • Mapping is key—traditional land use & occupancy Why?rightspragmatic How:types Practice & studies Building For managers

14. Collaboration—pragmatic reasons • For Aboriginal peoples: • Obtain a share of economic and employment benefits created by forestry • Maintain and demonstrate use of the land • Protect values, sites and uses of land • Apply and maintain knowledge • Control or influence land management • Develop skills and experience in contemporary land management • Exercise title and treaty rights Why?rightspragmatic How:types Practice & studies Building For managers

15. Collaboration—pragmatic reasons • For forest industries: • Maintain access to timber resources • Avoid potential conflict • Improve forest management practices • Minimize costs and maintain profits • Demonstrate social corporate responsibility and maintain social licence to operate • Comply with laws, policies and certification requirements • Increase the available labour pool Why?rightspragmatic How:types Practice & studies Building For managers

16. Collaboration—pragmatic reasons • For governments: • Fulfill constitutional obligation to recognize & affirm Aboriginal & treaty rights • Fulfill commitments to achieve sustainable forest management • Manage public forest for greater good • Promote environmental protection, including maintenance of habitat essential for wildlife, biodiversity conservation, linked to cultural diversity & traditional land use • Promote economic development to sustain employment & government revenues Why?rightspragmatic How:types Practice & studies Building For managers

17. 2 How can Aboriginal peoples and the forest industry collaborate? Five principal forms of collaboration Outcomes of collaboration Balancing different forms of collaboration Dr. Stephen Wyatt, Université de Moncton

18. Five principal forms of collaboration Economic roles and partnerships Agreements, treaties and MOUs Forestland mapping, planning and management Influence on decision-making Forest tenures with more than 40 different sub-types Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

19. Economics Roles and Partnerships Obtaining an economic stake in the forest industry Why?rightspragmatic How:typesbalancing Practice & studies Building For managers Sub-types Secondary transformation Primary transformation Harvesting & operations Forestry planning Employment agreements Revenue & profit sharing Silvicultural contracting Services – camps, etc Others, eg. carbon • Effective for jobs, revenue and economic development • Not always effective for forest management & traditional values • Often established within existing forestry regimes • Different forms are possible • Nation-owned • cooperatives • joint ventures • private

20. Agreements, Treaties & MOUs Nation-to-Nation arrangements Nation-to-industry Why?rightspragmatic How:typesbalancing Practice & studies Building For managers Sub-types Self-government & comprehensive claims Co-management agreements Sector specific MOUs Case specific MOUs Specific claims • Establish rules or framework for other forms of collaboration • Can provide access to land and control of activities • Rarely provide benefits such as employment or revenue • Often related to judicial processes

21. Forestland mapping, planning & management Establishing control over activities on the land Why?rightspragmatic How:typesbalancing Practice & studies Building For managers Sub-types “Nirvana” - Aboriginal management Comprehensive planning for all Planning for management Management activities Mapping land use & occupation Documenting traditional knowledge • Contributing knowledge and information to a plan • Setting objectives for land • Planning or deciding what will happen • Undertaking activities in accordance with a plan • Monitoring and follow-up • Aboriginal peoples are rarely involved in higher levels of management

22. Influence on decision-making Influencing decisions and actions on the land Why?rightspragmatic How:typesbalancing Practice & studies Building For managers Sub-types Autonomy Delegated authority Joint decision-making boards Advisory multi-party round tables Information sharing Information providing Different levels of decision • policy • planning • management & operations • Crown and industry are typically obliged to consult • Certification and C&I also require consultation • Consultation is booming across Canada • Need to build upon traditional governance • How much power or influence do Aboriginal people have?

23. Forest Tenures Obtaining management rights from government Why?rightspragmatic How:typesbalancing Practice & studies Building For managers Sub-types Aboriginal-controlled lands Tenures designed by Aboriginal people Land Trusts Long-term tenures (NAFA I) Significant volume (NAFA II) Short-term / enterprise (NAFA III) Minor (NAFA IV) Emerging, e.g. carbon, NTFPs, etc. • Delegation of management rights and responsibilities within existing regimes • Does not imply recognition of Aboriginal rights or title • Existing tenures typically designed for industry • Should Aboriginal people accept the existing system?

24. Outcomes of collaboration Social capital Leadership Relationships Cultural capital Sharing knowledge Customs & values Why?rightspragmatic How:typesbalancing Practice & studies Building For managers Ecologicalcapital Biodiversity Wildlife Forest health Economiccapital Revenue Employment Training Collaborativeproject Institutional capital Capacity to make decisions Systems and processes

25. Balancing forms of collaboration Each form of collaboration is a scale from low to high Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

26. Economic • 2 production • 1 production • Harvesting • Planning • Employment • Revenue • Contracting • Services • Others • Agreements • Autonomy • Co-management • Sector MOUs • Case MOUs • Specific claims • Management • Aboriginal • Comprehensive • Planning • Actions • Land use maps • TK studies • Influence • Autonomy • Delegation • Joint decisions • Round tables • Sharing info • Providing info • Tenures • Control • New tenures • Land Trusts • Long-term • Major volume • Short-term • Minor • Emerging Balancing forms of collaboration Each form of collaboration is a scale from low to high Partners need to establish where they are on each scale Outcomes, or capital, depends upon investments in collaboration Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

27. Balancing forms of collaboration Low collaboration across the board Unlikely to satisfy aspirations of Aboriginal peoples or to promote reconciliation Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

28. Balancing forms of collaboration High on economic, low on others Provides revenue and jobs, but does not meet other objectives of Aboriginal peoples Unbalanced Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

29. Balancing forms of collaboration Resolution of Aboriginal rights can create conditions for other arrangements Agreements alone do not provide full range of benefits Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

30. Balancing forms of collaboration Adaptive, resilient and sustainable relationships are likely to require building collaboration across all forms Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

31. 3 How are Aboriginal people and the forest industry collaborating across Canada? An inventory of: - Practices on the ground - Research studies Jean-François Fortier, Université de Moncton / Université Laval

32. An inventory of experiences & studies • Collaborative experiences Trends across Canada and within provinces Studies and research Synthesis of our knowledge regarding relationships between Aboriginal groups and forest sector Does the research follow the trends? Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

33. Collaboration across Canada • Practices on the ground Quebec, Ontario, Saskatchewan and Maritime provinces • Inventory of research studies Across Canada Involving Aboriginal groups (Métis and First Nations) Specific cases Assessing experiences of collaboration • Factors • Processes • Results Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

34. How was inventory achieved? • Practices & Studies Academic and ‘grey’ literature review Annotated bibliographies Key informants Workshops Research assistants Database Limitations Impossible to achieve an inventory of every single experience Practices evolve faster than our knowledge Accessibility to information Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

35. Collaboration across Canada Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

36. Collaboration in Quebec Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

37. What can we learn? In some provinces, all communities are players in forest industry All Maritime provinces except NF Economic participation is the most popular Economic partnerships in practice (60%) Aboriginal land use & occupation One of common practices among Aboriginal communities (37,1%) Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

38. Why are economic roles so popular? Some suggestions: Answer common objectives - Access to resources and benefits Policies encourages this approach Negotiation processes are long and expensive Context is favourable: economic liberalism Might be seen as door that leads to other experiences of collaboration such as co-management Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

39. Does research follow practice? Why?rightspragmatic How:typesbalancing Practice & studies Building For managers Yes No

40. Does the research follow practice? The research does not always follow trends Economic partnerships in practice (60%) Economic parnerships in studies (17%) Why? Some ideas... • Traditional trends in research (cultural anthropology, human ecology, etc.) • Conceptions of researchers towards Aboriginal peoples • Industry vs Aboriginal peoples (irreconcilable interests) • Participation of communities in forest industry is recent • Confidentiality of financial information Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

41. 4 Collaboration needs to be built: It doesn’t just happen Relationships and collaboration are not static Martin Hébert, Université Laval Stephen Wyatt, Université de Moncton

42. Capacity builds as partners gain experience Roles of stakeholders change Context of forestry changes Actors reflect on their experiences and adapt Hierarchy of goals changes through time Conditions of success include: Communication about interests and goals Equity and fairness in processes and negotiations Building sustainable institutions Monitoring and evaluation Positive attitudes, relationships, trust & confidence Stakeholder relationships are dynamic Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

43. Collaboration as a process Why?rightspragmatic How:typesbalancing Practice & studies Building For managers Mutual gains possible Fast-track Capital: Social Economic Ecological Institutional Cultural Communication: Clarify goals & interests Institutions& processes for implementation Monitoringevaluationfollow-up Pos Neg Slow-track Negotiation: Where mutual gain solutions are difficult Attitudes underlying the relationship Confidence, trust, respect, open-mindedness, patience, etc.

44. Conclusion Implications for managers and practitioners in Aboriginal communities in forest industries in government agencies Stephen Wyatt, Université de Moncton

45. Must choose between different forms of collaboration Needs, priorities and capacity of community Opportunities provided by policy or partners Coherence with the community’s strategy Several forms can be used at same time Ensure that these are complementary Establishing rights creates space for collaboration Other forms will be needed for benefits Fighting for rights has proved effective, but can make collaborative relationships more difficult Implications for Aboriginal communities Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

46. Must choose between different forms of collaboration Needs, priorities and capacity of company Opportunities provided by communities Framework created by government policy and/or certification Company will probably require different arrangements with each community and in each province Recognise that Aboriginal goals and interests are not limited to economic returns and timber products Investments in collaborative capacity can help secure timber, avoid conflicts and attain social goals Implications for the forest industry Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

47. One size does not fit all Need to negotiate clear framework—especially on consultation and rights Make resources available—capacity-building Permit and encourage flexibility/local adaptation Need to promote awareness among general public/vested interests (i.e. industry, stakeholders) Need to promote learning within public sector Implications for government agencies Why?rightspragmatic How:typesbalancing Practice & studies Building For managers

48. Mutual gains possible Fast-track Capital: Social Economic Ecological Institutional Cultural Communication: Clarify goals & interests Institutions& processes for implementation Monitoringevaluationfollow-up • Economic • 2 production • 1 production • Harvesting • Planning • Employment • Revenue • Contracting • Services • Others • Agreements • Autonomy • Co-management • Sector MOUs • Case MOUs • Specific claims • Management • Aboriginal • Comprehensive • Planning • Actions • Land use maps • TK studies • Influence • Autonomy • Delegation • Joint decisions • Round tables • Sharing info • Providing info • Tenures • Control • New tenures • Land Trusts • Long-term • Major volume • Short-term • Minor • Emerging Slow-track Negotiation: Where mutual gain solutions are difficult Attitudes underlying the relationship Confidence, trust, respect, open-mindedness, patience, etc. To take home ... Resilience Panarchy Complexity Seeing reality through others’ eyes Getting the system in the room Building a container