Ideas to promote discussion and development of

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Ideas to promote discussion and development of recommendations May/June 2018

We acknowledge that First Nations have concerns that the Forest Act, and the timber supply review infringe on their Aboriginal title and rights, and that in some areas there is a need for policy reform and legislation changes to reflect the principles of UNDRIP, recent case law, and the TRC Calls to Action

Outline As a starting point for discussion about potential changes we’ll outline some: • Engagement and collaboration approaches the Province has taken undertaken with First Nations. • Types of interests and values First Nations have brought forward • Examples of engagement with First Nations in TSRs

Current TSR framework — Chief forester determines allowable annual cuts for

timber under provincial legislation — Set AACs that are consistent with the current land use

designations and management practices defined by other decision makers — Under current provincial legislation, chief forester

does not have authority to make land use designations & establish management requirements Slide 4

Consultation objectives Understanding of Aboriginal interests and values in the TSA 2. Sharing and discussion of information related to deciding on timber harvest level (AAC) 3. Understanding First Nations views on how possible impacts on their rights, values and interests, can be mitigated or accommodated 1.

Many First Nations lack the capacity, information and financial capacity to meaningfully engage in the TSR process, which can be barriers to a successful TSR collaboration. Slide 5

Questions for Discussion Improving how TSR incorporates Indigenous people’s concerns will require a mandate change for the TSR process

• What changes need to be made to the TSR process to better

involve First Nations and support shared decision making regarding the allowable cut in your territory? • What values and information are missing and how can the TSR process support collection of this information? • How can the TSR process better incorporate Aboriginal rights, interests and Traditional Knowledge? • What have been challenges you have faced to involvement in the TSR process? Slide 6

Values expressed in past TSRs

Slide 7

First Nations Values & Interests • Wildlife and wildlife habitat : Hunting and trapping; • • • • • •

spiritual and cultural connection Fish and fish habitat Cedar: Cultural and traditional uses, economic uses Biodiversity (at-risk species and ecosystems) Protection of heritage, cultural, and spiritual sites and resources Food and medicine gathering Water quality and quantity (incl. soil erosion)

Slide 8

First Nations Values & Interests • Cumulative impacts • Forest health • Longer “rotation ages”: timber quality; soil recovery • Use of pesticides • Road access : Non-Indigenous hunting and use of land;

Easier access for remote communities • Resources to enable active participation in management and decision making • Shared decision making • Use of Traditional Knowledge

Slide 9

First Nations Values & Interests — Also non-AAC issues: — Access to meaningful, sustainable supply of

quality timber for community support — Long-term licences — Revenue sharing

Slide 10

Engagement examples • Collaborative technical group & analysis • Meetings with chief forester • Recommendations to chief forester • Shared recommendations – Nanwakolas • Joint decision making – Haida Gwaii

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Engagement examples — Kaska-Dene (Mackenzie TSA) — Shared Strategic Engagement Strategy — Analysis for Kwadacha to inform inclusion of additional THLB for a FNWL — Stó:lō Nation (Fraser TSA) — Project on how to incorporate Stó:lō land use plan into TSR — Sensitivity analysis on timber supply impacts of land use plan Slide 12

Engagement examples — Nlaka’pamux Nation Tribal Council (Merritt) — Pilot on shared strategic engagement in Merritt TSA — Technical working group – provided report to the NNTC shared decision making board — Provided recommendations to chief forester — Nanwakolas shared decision making process (Coast) — Consensus recommendations to provincial chief forester

Slide 13

Engagement examples — Carrier Sekani First Nations (Prince George) — Collaborative technical working group — Co-design of analysis of First Nations values (moose, grizzly, water/fish habitat) — Reports and recommendations to chief forester — Haida Gwaii joint decision — Legislation by both Haida and province — Established Haida Gwaii Management Council — AAC is one of 5 joint decisions made by HGMC Slide 14

Short & Long Term Possibilities • Short term • Technical groups to explore how to incorporate • •

Traditional Knowledge and First Nations’ values Collaboration on analysis Mandate change

• Long term • Policy and legislative change • Shared decision making • Land use planning Slide 15

Questions for Discussion § What changes need to be made to the TSR process to

better involve First Nations and support shared decision making regarding the allowable cut in your territory? § What values and information are missing and how can the TSR process support collection of this information? § How can the TSR process better incorporate Aboriginal rights, interests and Traditional Knowledge? § What have been challenges you have faced to involvement in the TSR process? Slide 16

TSR Contacts — Ted McRae [email protected] — Tamara Brierley [email protected] — Christine Fletcher

[email protected]

Slide 17