West Coast and St’at’imc pioneer new ways to protect forests
The St’at’imc people are committed to protecting the forests of their territory, including species like grizzly bear, mule deer and salmon, to sustain the land, water and St’at’imc culture.
When decisions are made about these and other forests, Courts have said government must not only consult with First Nations like the St’at’imc, but also seek workable accommodations of their Aboriginal Title and Rights.
But how does this work in practice? What steps do First Nations have to take to make sure that the duty of accommodation isn’t simply an unfulfilled promise? How to ensure that the government’s duty to First Nations makes a difference to the streams and forests that the St’at’imc value?
West Coast is helping answer those questions by working with the St’at’imc to implement their land use vision regarding forest use in their territory, which encompasses the communities of T’it’q’et (Lillooet); Nxwisten (Bridge River); Cacl’ep (Fountain); Ts’kw’aylacw (Pavilion); Lill’wat (Mount Currie); N’quat’qua (Anderson Lake); Tsal’alh (Seton Lake); Sekw’el’was (Cayoose Creek); Xaxtsa (Port Douglas); Skatin (Skookumchuk) and Samahquam. For Aboriginal people in BC, a critical step in ensuring accommodation of their Aboriginal Title is the capacity to articulate what their land use vision is and the steps that are required to accommodate this aspect of Aboriginal Title.
Since July 2003, West Coast Environmental Law Staff Lawyer Jessica Clogg, and Russell Collier, a Gitxsan mapper and land use planner contracted by West Coast, have been working with a team of St’at’imc community representatives – the St’at’imc Land and Resource Authority (SLRA) – to articulate and give effect to the St’at’imc land use vision. This comprehensive process aims to balance traditional and scientific knowledge in the development of a St’at’imc Forestry Code and ecosystem-based land use plan.
The land use vision of the St’at’imc people emphasizes respect for the St’at’imc cultural traditions and laws; putting the health of the natural environment before all else; the importance of having the territory under St’at’imc authority such that the St’at’imc people decide collectively how the land and resources will be managed; and recognizes that the environment continues to provide sustenance in old and new ways to all of their people.
At two-day monthly meetings, the SLRA, with facilitation and legal and technical support from West Coast, have developed a set of principles to support their vision statement, made decisions about planning methodology, and developed first drafts of a Forestry Code and map-based land use plan. The definition and location of land use designations contained in the plan are based on traditional knowledge regarding natural and cultural resources of significance to the St’at’imc, combined with scientific principles regarding coarse and fine filter biodiversity conservation.
A presentation of progress to date was made at the yearly St’at’imc Land and Resource Forum in Lillooet on November 14, 2003 and was positively received by elders and other community members.
The SLRA plans to have a preliminary draft of the St’at’imc land use planready for presentation to the St’at’imc Chiefs Council in February 2004, followed by a comprehensive process of engagement and consultation with St’at’imc communities. Funding permitting, West Coast has been asked by the St’at’imc to continue working with them on legal and technical and strategic issues related to the implementation of the St’at’imc Forestry Code and Land Use Plan.
West Coast’s work with the St’at’imc takes advantage of recent developments in aboriginal law. In the Delgamuukw case, the Supreme Court of Canada affirmed that Aboriginal Title encompasses the right to choose the uses to which the land is put. Although this right may be infringed, the government has to justify infringements against criteria set out by the court. More recently, in Haida Nation v. BC and Weyerhaeuser, the Court of Appeal emphasized the legal obligation of the Crown and third party resource tenure holders to consult and seek workable accommodations of Aboriginal peoples when decisions are made about resource tenure rights and forest management.
Together, the cases give First Nations new tools to protect their environmental resources, but there is little clear direction from the courts about how the “duty to accommodate” will be applied in the real world. By being proactive, West Coast is hoping they can maximize the impact of the new case law on the ground.
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