Tenure Reform for Ecologically and
Socially Responsible Forest Use in British Columbia Jessica Clogg 16 January 1997 A Major Paper submitted to the Faculty of
Environmental Studies in partial fulfilment of the requirements for the degree of Master
in Environmental Studies. York University, North York, Ontario, Canada ABSTRACTProperty rights define relationships between people and between humans and the environment, yet notions of property are dynamic and reflect social and economic structures as they change through time. This paper begins by analyzing the historical development of the forest tenure system in British Columbia in light of property rights concepts. It is argued that, like other property institutions, the tenure system empowers some and marginalizes others. The current tenure system has its roots in legislative changes made in the 1940s. These changes were structured in order to facilitate the introduction of sustained yield management in B.C.. Forest tenures are statutorily based agreements whereby the Crown transfers rights to harvest timber or manage forest lands to private parties, while retaining title to the land. The main forms of tenure introduced following the Sloan Royal Commission in 1945 were designed to encourage industrial forest management by large integrated companies. In chapter one, the antecedents of key issues in the current forest policy debate are traced to the nature of the rights granted through this tenure system, and to whom they were granted. These issues include poor forest stewardship, vulnerability of forest dependent communities, corporate control, and high levels of conflict over allocation of forest lands. In order to provide direction for reform, it is proposed that a new vision of human interactions with the forest is necessary. One of the most integrative alternatives which has been proposed is ecocentric or eco-forestry. Ecoforestry presents guidelines for ecologically and socially responsible forest use, which are grounded in the philosophy of deep ecology and bioregionalism. Advocates of ecoforestry propose that ecocentric forest practices can provide a foundation for community vitality, through more labour intensive forest use, value-added, local manufacturing and certification. Chapter two explores the ecoforestry vision. Having explored a vision which may hold critical lessons for moving British Columbia's forest economy in a more sustainable direction, it is apparent that fundamental change must occur in the areas of forest decision-making and access to forest lands. Decision-making structures regarding forest use must become more inclusive. All interested sectors of a community or region should be empowered to participate in shaping decisions which will affect their lives. Chapter three draws on the theory of environmental dispute settlement to explore ways in which participatory decision-making processes could support the ecoforestry vision. Experiences with participatory or 'shared' decision-making in the land use planning context in B.C. are analyzed. From this analysis it is concluded that more inclusive decision-making will not be sufficient to support ecologically responsible forest use, in the absence of changes to structural factors, such as access to land, which shape the options open to various actors. For this reason it is proposed that tenure reform is essential in British Columbia. Primary research carried out for this paper involved a series of semi-formal interviews
with small-scale forest managers and consultants from Vancouver Island, the Fraser Valley
and the Boundary region. As individuals striving to make ecologically responsible forest
use a reality, they are uniquely positioned to assess changes necessary to facilitate what
they and their colleagues are doing. Chapter four of this paper combines theoretical and
historical analysis, with the perspectives and opinions of the forest managers
interviewed, to suggest models for tenure reform. The chapter uses property rights
concepts to shape a discussion of which combinations of rights, granted through the forest
tenure system, would provide the best incentives for ecologically and socially responsible
forest use. Based on this research, it is proposed that woodlots and community forests
would have the greatest potential in this regard.
TABLE OF CONTENTS
CHAPTER ONE: LAND RIGHTS AND DECISION-MAKING
CHAPTER TWO: AN ALTERNATIVE VISION Elements of the Ecoforestry Approach - Philosophy Ecoforestry Theory and Practice
CHAPTER THREE: THE POTENTIAL AND REALITY OF SHARED DECISION-MAKING Why shared decision-making? Ecoforestry and Consensus Building Shared Decision-making in B.C. Failure to Affect the Status Quo on the Ground: Towards an Explanation
CHAPTER FOUR: THE MISSING PIECE: TENURE REFORM Public vs. Private or the Property Regime Debate Building Forest Tenures From the Ground Up - the Bundle of Rights
ACKNOWLEDGMENTSI would like to express my sincere thanks to the staff of West Coast Environmental Law in Vancouver, British Columbia for their ongoing support during the research for this paper, and for kindly making their office and library facilities available to me over an extended period of time. Thanks are also due to the individuals who read and commented on various drafts of the paper. In particular, I would like to gratefully acknowledge the tremendous assistance of my paper supervisor and advisor Anders Sandberg. Finally, this paper would not have been possible without the contributions made by the small-scale forest managers and consultants who shared their perspectives with me. FOREWORDThis major paper represents the culmination of my studies towards a Master in Environmental Studies degree at York University. It represents a synthesis of the components of my plan of study, which is entitled "Participatory Decision-making for Sustainable Community Development." These components are Law and Dispute Resolution, Participatory Decision-making, Natural Environments and Sustainable Communities. With regard to law and dispute resolution, through my courses at Osgoode Hall I have gained a solid legal training, while papers and field experience have allowed me to specialize in environmental and land use law/policy. In the major paper I have endeavoured to use my knowledge of legal concepts, particularly those related to property law, in order to critique the forest tenure system in British Columbia, and to propose alternatives to it. The major paper has also provided an opportunity to use the literature on dispute settlement and participatory decision-making to explore the potential of such processes in the context of forest planning. The discussion of tenure reform in the major paper is oriented towards facilitating the achievement of ecologically and socially responsible forest use in B.C.. Meeting the learning objectives for the natural environments component of my plan of study assisted me with this analysis. In particular, course work in resource management and participation in the Ecoforestry Institute training course provided a theoretical and practical foundation for me to explore alternatives to industrial forest use in the major paper. Throughout my time at FES my focus has been on forest policy issues at a community level, both in Canada and globally. The major paper has allowed me to bring together all the components of my plan of study, to explore the need for forestry law reform which will support the vitality and sustainability of forest-based communities in B.C..
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