Impact of Recent Forestry Decisions on BC First Nations

The Union of BC Indian Chiefs has issued a response to the Supreme Court of Canada rulings today which denied logging rights to the Mi’makq in the Maritimes. Highlights from the release include the following:

Grand Chief Edward John, a member of the First Nations Summit Political Executive said after reviewing the decisions: “Today’s Marshall and Bernard decisions will not affect political or legal issues in British Columbia with respect to commercial logging. These decisions do not establish new legal principles. They are based on the facts about the Mi’kmaq people’s relationships to the Crown and to particular portions of their territory in the 1760’s.”

“The Court’s rejection of a Mi’kmaq treaty right to log will not affect First Nations in B.C. because such a treaty right is not asserted in B.C. since the federal and provincial governments refused to negotiate treaties here until very recently. And in the few exceptions to that, the Douglas Treaties and Treaty 8 have no trade clauses like the one considered in today’s decisions”, added Chief John.

The press release concludes with this: “The basic issue in the Mi’kmaq cases - whether First Nations have a right to participate in commercial logging - is not really in dispute in British Columbia.”

Update: See also the Canadian Taxpayer’s Federation statement in favour of the rulings. The Federation provides a little background to the cases.

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