Canada’s Oldest First Nations Newspaper - Serving Nuu-chah-nulth-aht since 1974 Canadian Publications Mail Product haas^i>sa “ Interesting News” Vol. 33 - No. 8 - April 20, 2006 Sales Agreement No. 40047776
Province drops appeal of Huu-ay-aht forestry case but maintains case was “decided wrongly” By David Wiwchar Ha-Shilth-Sa Reporter The Province of British Columbia dropped their legal appeal of a forestry case recently won by the Huu-ay-aht First Nation, but Chief Councillor Robert Dennis fears the government might ignore their victory. The Huu-ay-aht First Nation sued the provincial government in 2004 alleging Forest Range Agreements were being negotiated illegally. The crux of the case was that BC negotiators focused on a population based formula for enticing First Nations throughout the province to sign FRA’s, instead of basing compensation agreements on the level of infringement. “The population based formula is illegal and not in good faith,” said Huu-ay-aht Chief Councillor Robert Dennis. “The accommodation should be based on the level of infringement, not population, and the level of logging in our territory was and is excessive,” he said.
“The population based formula is illegal and not in good faith,” said Huu-ay-aht Chief Councillor Robert Dennis. “The accommodation should be based on the level of infringement, not population, and the level of logging in our territory was and is excessive,” he said. In their negotiations with the 200 BC First Nations, provincial negotiators applied a formula of $500 and 30 cubic metres of timber for every registered member of the individual First Nation over 5 years, regardless of the economic value of forestry within their territories. By signing an FRA, the First Nation acknowledges it has been fully consulted on the forest resource development plan within their traditional territory, and waives any future Aboriginal rights, title or infringement claims. Throughout the last century, the Huuay-aht First Nation saw 14.25 million cubic metres of wood leave their territory, worth hundreds of billions of dollars. In her concluding remarks to the 6-day trial held in January and February 2005, BC Supreme Court Justice Dillon wrote:
“to fail to consider at all the strengths of claim or degree of infringement represents a complete failure of consultation based on the criteria that are constitutionally required for meaningful consultation. While a population-based approach may be a quick and easy response to the duty to accommodate, it fails to take into account the individual nature of the HFN claim. In this case, the government did not misconceive the seriousness of the claim or impact of infringement. It failed to consider them at all. The government acted incorrectly and must begin anew a proper consultation process based upon consideration of appropriate criteria”. Though the ruling was a wrist-slapping for the provincial government, Dennis fears little will change. In a letter from the BC Government, their lawyer Glen Thompson wrote: “we wish to make it clear that the province has not altered its position with respect to the decision of Madam Justice Dillon and continues to be of the view that the case was wrongly decided”. “If they’re acting on the honour of the crown, they have to abide by the court’s ruling,” said Dennis. “Saying the ‘court decided wrongly’, and that they’re entrenched in their position could hinder our ability to move forward,” he said. “This will have serious impacts on treaty negotiations because how can they say they’re negotiating in good faith when they’re not applying the letter of the law? How can we sit down with a government that says they’re outside the law?” The case could have wide-reaching effects, not only on the more than 100 First Nations who signed FRA’s and many others currently in discussion with the BC Government on FRA’s, but also on the treaty process as a whole. “They’re using population-based formulas in treaty, so if it’s not fair in this case [forestry], how can it be fair there [treaty],” said Dennis, whose Nation was prevented from negotiating any forestry issues in treaty negotiations for two years while this case wound its way through the court system. “Is the population-based formula a fair process? Based on the ruling, I would say ‘no’,” he said. Numerous BC Government Ministers were invited to comment on this story, but did not return our calls.
Ahousaht refuses FRA .......................................... Page 3 NCN launch new suit against DFO .................... Page 4 Bureaucracy prevents Abalone sale .................... Page 5 Sports page ............................................................. Page 6 BMO Tsahaheh turns 10 ....................................... Page 9 NEDC Business News .......................................... Page 20
Huu-ay-aht Chief Councillor Robert Dennis and Ha’wilth Jeff Cook stand beside their territorial boundary marker.
NTC welcomes release Hughes Report By David Wiwchar Ha-Shilth-Sa Reporter Victoria - Former judge Ted Hughes released his independent review of BC’s child protection system last week, condemning the Campbell government for taking budget cuts too far, affecting the province’s most vulnerable citizens.
Former judge Ted Hughes released his independent review of BC’s child protection system last week, condemning the Campbell government for taking budget cuts too far, affecting the province’s most vulnerable citizens. The review was sparked after the 2002 death of a Nuu-chah-nulth infant in Port Alberni, and by the discovery of 539 unfinished child death reviews lost in a warehouse after the government scrapped the BC Children’s Commission. BC Premier Gordon Campbell denied the problems within the Ministry of Children and Family Development (MCFD) were the result of budget cuts. “He was wrong,” said the 78-year old Hughes, noting MCFD faced a 12% budget cut in 2002/03, and areas such as support services and quality assurance were slashed by 55%. “Any organization has a finite capacity for
managing change, particularly in a climate of budget restraint, and this ministry has been stretched far beyond its limits,” he said. In his 172-page report, Hughes made 62 recommendations for improving child protection in British Columbia, many of which focusing on service delivery within First Nations’ communities. “Mr. Hughes clearly recognizes that child welfare issues in First Nations communities stem from a history that includes residential schools, and federalprovincial jurisdictional conflict,” said NTC President Francis Frank. “His emphasis on meeting the commitments of the Kelowna Accord including health, economic and social needs is consistent with NTC priorities. Mr. Hughes noted that aboriginal children need protection at the same rate as other children in similar social and economic circumstances, and we agree that governance of First Nations Child Welfare must be worked out in close consultation with our First Nations communities, including those involved in the Treaty process,” he said. The NTC welcomed the recommendation to create a new Representative for Children and Youth, and that senior staff in that office should include aboriginal people who are familiar with reserve communities. The NTC also welcomes support to change the federal funding formula for on-
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ISSN 0715-4143