Editorial
Great Bear Rainforest Agreements Signal Need for Law Reform
Long-awaited announcements regarding the future of the Great Bear Rainforest bring to a head the two major trends of the past half-decade in land use planning and forestry law.
The first trend, well documented by West Coast Environmental Law analysis and publications, has been sweeping deregulation of environmental laws, removal of bottom line environmental protections, increased rights for timber companies, reduced opportunities for public participation, and failure to deal honourably with First Nations. The second trend, exemplified by the coastal agreements, is towards the development of innovative models in particular areas of the province.
Close to two dozen First Nations have produced their own land use plans, many developed using an “ecosystem-based management” approach, and have called on the Province to enter into negotiations to reconcile First Nations’ and provincial land use plans, to develop mutually agreed-to mechanisms for collaborative management, and to implement new ways to ensure that a fair share of the benefits from resource extraction return to communities.
The Coastal First Nations are the first to complete government-to-government negotiations on some aspects of strategic land use planning. Their experience has shown that the Province’s legal and policy framework is a poor fit, and in many cases is an obstacle to developing and implementing cutting-edge solutions. Rather than holding back innovation, our provincial legal framework needs to evolve to require truly responsible forest use. This does not mean returning to the old
Forest Practices Code, which failed to provide meaningful protection for many values. Nothing short of transformative law reform is necessary to put BC on the path to sustainability.
— Jessica Clogg
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