Forest products are mostly harvested from Crown land in B.C.

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

Kenny Podmore, here seen at Sidney’s cenotaph in November, says he feels for the veterans after organizers had to cancel an event acknowledging Victory in Europe (VE) Day for the second time in as many years because of COVID-19. (Wolf Depner/News Staff)
North Saanich event marking 75th anniversary of VE-Day cancelled

Sidney resident first planned event for May 9, 2020 moved to May 8 before being cancelled

Individuals and businesses are encouraged to bring their unwanted electronics to Tillicum Centre May 14 to be shredded, recycled or donated. (Black Press Media file photo)
Greater Victoria residents can shred, donate electronics safely

Vancouver Island Better Business Bureau hosts event May 14 at Tillicum Centre

Scheduling popular summer events like the Canada Day celebrations is difficult due to the pandemic. (File - Sooke News Mirror)
Sooke summer events schedule clouded by COVID

Public health guidelines hamper plans

The District of Sooke is looking at new plans to build a fenced dog park at Ponds Park Corridor. (Pixabay.com)
Sooke seeks input on dog park

Public comment welcomed until June 4

Potatoes have two genetic centre of origins, one from the lowlands in Chile and the other from the highlands in Bolivia. The highlands potatoes flower and produce fruit profusely, which is where the seeds come from. They contribute to exciting and ecologically imporant genetic diversity of potatoes. (Submitted/Fiona Hamersley Chambers)
Metchosin farmer shares how to invent a new potato

Using seeds anyone can name their own variety

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

The first Black judge named to the BC Supreme Court, Selwyn Romilly, was handcuffed at 9:15 a.m. May 14 while walking along the seawall. (YouTube/Screen grab)
Police apologize after wrongly arresting B.C.’s first Black Supreme Court Justice

At 81 years old, the retired judge was handcuffed in public while out for a walk Friday morning

Queen Elizabeth II and Clive Holland, deputy commonwealth president of the Royal Life Saving Society, top left, virtually present Dr. Steve Beerman, top right, with the King Edward VII Cup for his drowning-prevention work. Tanner Gorille and Sarah Downs were honoured with Russell Medals for their life-saving resuscitation. (Buckingham Palace photo)
Queen presents Vancouver Island doctor with award for global drowning prevention

Dr. Steve Beerman receives Royal Life Saving Society’s King Edward VII Cup at virtual ceremony

Former UFV Cascades wrestling coach Arjan Singh Bhullar is now the ONE heavyweight champion after defeating Brandon Vera via TKO in round two on Saturday in Singapore. (ONE Championship)
Former UFV wrestling coach wins MMA championship

Arjan Singh Bhullar captures ONE heavyweight title, first Indian origin fighter to achieve honour

Astra Zeneca vaccine waits for injection in a Feb. 3, 2021 file photo. A Langley man has become the second B.C. resident to suffer a blood clot following an injection. (AP Photo/Frank Augstein)
B.C. man required emergency surgery after AstraZeneca vaccination

Shaun Mulldoon suffered ‘massive blood clot’ after jab

Chilliwack’s Kile Brown, performing as drag queen Hailey Adler, dances and lip syncs in front of hundreds of people during the inaugural Chilliwack Pride Barbecue at the Neighbourhood Learning Centre on Aug. 24, 2019. Monday, May 17 is International Day Against Homophobia, Transphobia and Biphobia. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of May 16 to 22

International Day Against Homophobia, Talk Like Yoda Day, Sea Monkey Day all coming up this week

Sinikka Gay Elliott was reported missing on Salt Spring Island on Wednesday, May 12. (Courtesty Salt Spring RCMP)
MISSING: Salt Spring RCMP find woman’s car, still seek Island resident

Sinikka Gay Elliott is 5’3” with a slim build and dark brown short hair

Tagen Marshall of Parksville is looking to raise funds for a new specialized van. (Submitted photo)
Wolf: Parksville’s Tagen Marshall inspires others, aims to invest in himself

VIU honour student with spastic quadriplegia cerebral palsy seeks help achieving big dreams

Most Read