Aboriginal Peoples Take a Stand on Land and Resource Issues
On May 20, 2004, close to 2,500 indigenous people and supporters gathered at the provincial legislature on the last day of the legislative session to send a strong message to the BC government and industry that they must stop their “assault on the land” and deal honourably and fairly with Aboriginal Peoples.
The “Moving Forward in Unity” rally concluded a multi-day caravan that brought Aboriginal Peoples from every corner of the province to Victoria. Leaders, elders and youth participants came by bus, van, plane and canoe from as far away as Haida Gwaii in the northwest and Treaty 8 territory in the northeast to participate in a one-day conference on land and resource issues and the unity rally. The caravan, conference and rally were the latest initiative of the “Title and Rights Alliance”, a collective initiative among treaty, non-treaty and non-aligned bands and Tribal Nations from across British Columbia.
West Coast played a key role in the gathering – helping participants understand the impacts of changes to Forestry Law, and helping develop strategies that will safeguard both aboriginal rights and forest lands.
Background
In 2002-2004, the provincial government unilaterally make sweeping amendments to the Forest Act and the legal framework for forest practices, land use planning and land designations without meaningful consultation and accommodation of Aboriginal Peoples. These changes, which give resource companies greater rights over the land, give rise to infringements of Aboriginal Title and Rights, as well as Treaty rights.
At a meeting hosted by the Okanagan Nation Alliance in September 2003, bands and Tribal Nations from around the province developed a “Joint Statement From Participating Nations.” In the Joint Statement, participating representatives pledged to work to develop and implement a coordinated and integrated Action Plan that would combine legal, financial and political strategies to protect the integrity of the land and resources and advance Aboriginal Title and Rights.
In October, at a follow-up meeting hosted by the Carrier Sekani Tribal Council, the Joint Statement was ratified and a coordinated Action Plan to achieve the following objectives was developed and affirmed unanimously by participating representatives:
- Prevent infringements of Aboriginal Title and Rights, and Treaty rights, arising from recent forestry, range, and land use legislative amendments that were unilaterally developed by the Province without consultation or accommodation of BC First Nations.
- Use all available means to create incentives for the provincial Crown and resource industries to recognize Aboriginal Title and Rights.
- Stand unified in the face of threats by the provincial Crown and resource industries to our Aboriginal Title and Rights, and Treaty rights, resisting ‘divide-and-conquer’ tactics.
- Hold the federal Crown accountable regarding its fiduciary obligations to Aboriginal Peoples.
A four-person steering committee consisting of Guujaaw, Grand Chief Edward John, Justa Monk, and Chief Stewart Phillip was tasked with guiding the process of implementing the Action Plan. Chief Liz Logan, Chairperson of the Treaty 8 Tribal Association has also recently joined the Steering Committee.
Most recently, in May 2004, the Title and Rights Alliance Spring Caravan to Victoria: Moving Forward in Unity was hosted by Songhees Nation. The strong participation in the event is a symptom of increasing frustration with the provincial forestry agenda and its impacts on the land.
“We are close to exhausting all available domestic remedies to resolve these issues,” said Guujaaw, President, Council of the Haida Nation. “There are solutions out there, but it comes down to simple respect for people and for the land. It is only by working with us that the province can build an economy that maintains a healthy environment.”
One of the key topics of discussion at the Moving Forward in Unity Conference were forestry interim measures agreements, called “Forest and Range Agreements,” that a number of First Nations have signed with the provincial Ministry of Forests. Forest and Range Agreements provide timber tenure and revenue-sharing opportunities for Aboriginal Peoples. They may provide some access to jobs and to funding that can be used for a variety of purposes, and may allow the development of forestry business experience. However, to receive these benefits, Aboriginal Peoples must agree in writing that some or all aspects of their Aboriginal Title and Rights have been accommodated. And they must do so in relation to an extremely broad range of future tenure and forestry decisions.
“It is shameful for the government of BC to take advantage of the poverty of Aboriginal communities with “take-it or leave-it” accommodation deals that force us to give up the ability to exercise our rights for token economic benefits,” said Justa Monk, Co-chair, Northwest Tribal Treaty Nations. “These ‘divide-and-conquer’ tactics do not alter our fundamental rejection of the provincial Crown’s position on consultation and accommodation.”
A background paper on Forest and Range Agreements prepared by West Coast staff lawyer, Jessica Clogg was presented at the Moving Forward in Unity conference. West Coast provides legal and technical/logistical assistance to the Title and Rights Alliance as one member of their technical support team.
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