Indicator 6.1.1 - Extent of consultation with Aboriginals in forest management planning and in the development of policies and legislation related to forest management
core indicator


Canada's Aboriginal peoples have strong ties to the forest. More than 80% of Aboriginal communities lie within or near areas potentially available for commercial forest activities. Many of these communities depend significantly on forest-based activities for their economic and social well-being. Their participation in decision making on sustainable forest management is therefore important.

Aboriginal interest in the forest is based on a unique historical and legal perspective that is recognized by the Canadian constitution. As a result, forest management practices in Canada must reflect the constitutional protection afforded Aboriginal and treaty rights. Recent court decisions, and in particular some decisions involving the Delgamuukw and the Haida, demonstrate that the legal scope of Aboriginal and treaty rights is continuing to expand. These decisions call on governments to honor their legal duty to consult with Aboriginal peoples and accommodate their interests whenever natural resource development may infringe on Aboriginal and treaty rights.

This indicator describes the desire of jurisdictions in Canada to provide Aboriginal peoples with the opportunity to become greater participants in sustainable forest management, while respecting their Aboriginal and treaty rights. The incorporation of these legal responsibilities in frameworks or corporate policy is a central factor in the relationship between Aboriginal communities and forest sector firms. Overall, there have been significant improvements in this area over the past several years in some jurisdictions such as British Columbia, the Yukon Territory, Saskatchewan, Quebec, and New Brunswick (Table 6.1a).

Table 6.1a Summary of provincial and territorial legislation, regulations, and policies acknowledging Aboriginal and treaty rights in forest planning and management.

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Province/territory	Policy/process
Newfoundland and Labrador	Not available.
Prince Edward Island	First Nations' communities are consulted, as a subset of the population, on matters of mutual concern.
Nova Scotia	Not available.
New Brunswick	The province provides copies of proposed legislation or legislative changes that may infringe or affect an Aboriginal or treaty right to the province's 15 chiefs, band councils, and First Nations' organizations. All are offered the opportunity to consult. The province is working on the development of a formal consultation protocol with First Nations.
Quebec	Under the Forest Act, Aboriginal communities or their institutions are given an opportunity to participate in matters concerning forest management and protection. A consultation policy is in place and stipulates that the consultation process must be determined in collaboration with Aboriginal communities.
Ontario	The Forest Management Planning Manual provides the option under the Forest Management Native Consultation Program for Aboriginal communities to choose additional consultation and documentation opportunities. The Ministry of Natural Resources has established provincial, regional, and local advisory committees related to the forest management planning process, and membership includes Aboriginal representation.
Manitoba	The Manitoba government intends to consult on forest management planning, particularly on forest lands leased by the forest industry, should any First Nation community assert that an infringement of rights will occur.
Saskatchewan	The Forest Resources Management Act requires that the minister establish a Provincial Forest Policy Advisory Committee to advise the minister on matters relating to the management of the forest resources. Aboriginal organizations are members of the committee. The act also requires the licensees to indicate how Aboriginal people were consulted in the development of forest management and operating plans and how the licensee responded to concerns and issues that were brought to the licensee's attention. The government also undertakes consultation with Aboriginal peoples in conjunction with industry during these processes especially in the review of operating plans.
Alberta	In 2005, the Alberta government approved the development of a policy to consult with First Nations. A principle of the policy is that consultation will occur where development of natural resources on provincial crown land may infringe on First Nations' rights and traditional uses. The government's role will be to manage the consultation process.
British Columbia	Since 2003, the BC government has consulted with First Nations in accordance with the Aboriginal Rights and Title Policy and Consultation Guidelines. The Forest Revitalization Plan's First Nations Strategy provides tenure and revenue sharing, and outlines the consultation process.
Yukon Territory	First Nations' consultation requirements are outlined in the Umbrella Final Agreement 1993, Chapter 17 of the individual First Nations Final Agreements, and the Devolution Transfer Agreement 2001. Two years of consultations on forest policy have been completed, and new legislation will be tabled in 2006.
Northwest Territories	Aboriginal communities can address concerns regarding forestry developments through the Mackenzie Valley Land and Water Board land use permitting processes. The government has a policy of consulting Aboriginal communities through timber supply planning and license application processes.
Nunavut	Not available.

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The forest industry has also taken positive steps in most jurisdictions to consult with and involve Aboriginal peoples in forest management planning, implementation, and harvesting in traditional territories. Furthermore, industry has greatly increased its understanding and respect of the need to protect many of the traditional values and uses of the forest. A recent report describing the current relationship between First Nations and the forest industry³ indicates that there has been considerable progress in building this relationship over the past decade. There has been less confrontation, more conversation, more mutual respect, and more cooperation in business activities, yielding tangible benefits to the First Nations as well as to the companies' bottom lines.

³ Relationships Between First Nations and the Forest Industry: The Legal and Policy Context. A report of the First Nations Forestry Program, National Aboriginal Forestry Association, and the Forest Products Association of Canada prepared by the Institute on Governance. Ottawa. Draft, February 2005.