First Nations Interest and Influence in Land Use Planning in BC

1. First Nations Interest and Influence in Land Use Planning in BC

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

3. 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

4. New RelationshipInfluence 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 12.0 - 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.

5. Mountain Pine BeetleEpidemic 2001

6. Mountain Pine BeetleEpidemic 2006

7. 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

8. Joint Planning ProtocolWhat 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

9. Joint Planning ProtocolWhat 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

10. 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

11. FRPA ObjectivesFirst 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

12. 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.

13. Aboriginal Affairs Branch 2nd Floor1520 Blanshard StreetVictoriaBCV8W3C8 250 356-6064 Forests.AboriginalAffairsBranchOffice@gov.bc.ca Thank You.