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Tsilhqot’in ruling means Douglas Treaty Implementation, says Kwakiutl Chief

Jul 20 2014/in News Coverage

Tsaxis, Kwakiutl Territory (Port Hardy), BC, July 2, 2014 /CNW/ – Kwakiutl First Nation Chief Coreen Child says the Tsilhqot'in court victory on Thursday, June 26, 2014, proves that Vancouver Island First Nations with Douglas Treaties already demonstrated Aboriginal Title over 160 years ago.

“We are deeply moved by the resolve of the Tsilhqot'in people. The ruling will have far reaching impacts on First Nations and the Crown governments. For Kwakiutl, the Supreme Court of Canada's declaration reaffirms that the 1851 Douglas Treaty proves Aboriginal title—and that the Government has not lived up to its promises,” says Chief Child.

Kwakiutl First Nation intervened on the Tsilhqot'in case to address two fundamental issues—the proper test of Aboriginal title and the application of provincial legislation on Aboriginal title lands.

The Tsilhqot'in win reinforces a BC Supreme Court decision, made on June 17, 2013, which found the Province of British Columbia had breached its legal duties by denying the existence of Kwakiutl's inherent title & treaty rights. Further, the BC decision found that BC and Canada had failed to implement and respect the Crown's 163 year-old Douglas Treaties, and 'encouraged and challenged' the governments to begin fair negotiations “without any further litigation, expense or delay.”

“”The Supreme Court of Canada rejected the “small spots” strategy argued by Canada and recognized and affirmed that First Nation view of Territorial Title is the basis for engagement with First Nations”,” says Councillor Davina Hunt.

Since 2004, the BC government has been granting the removal of private lands from Tree Farm licenses located within Kwakiutl territory without Kwakiutl consent. Consequently, businesses, companies, and governments have exploited Kwakiutl lands with impunity.

“BC forestry decision making is one example of Treaty infringement,” says Councillor Jason Hunt. “In 163 years, the Crown, first as Colony, then as BC and Canada, built entire economies on North Vancouver Island without First Nations consent. They have exploited our lands and waters, and marginalized our people.”

The Kwakiutl believe that Crown governments and industry will have to meaningfully engage on a deeper level with respect to Aboriginal title and Treaty when proposing to make decisions or conduct business on First Nations territories.

“The recent Supreme Court of Canada ruling reflects the United Nations Declaration on the Rights of Indigenous People (UNDRIP) in that a First Nation views and perspectives of Territorial Land Use must be dealt with in all government decisions consistent with Free, Prior and Informed consent” says Chief Bob Chamberlin, Union of BC Indian Chiefs Vice President and states further “that the Federal and Provincial Governments must engage with full recognition of the scope and intent of the Douglas Treaty as the basis of the relationship with the Kwakiutl First Nation.”

Chief Perry Bellegarde, Assembly of First Nations Regional Chief and portfolio holder for Treaties, supports this position. “The Crown has suspended its legal obligations to the Kwakiutl for nearly two centuries. Given that the historic Tsilhqot'in Supreme Court ruling confirms the principle of Aboriginal title, it is essential the Crown fulfills its covenant with the First Peoples of Canada. We strongly urge the federal and provincial governments to act definitively, and act now, in executing their duties to consult and accommodate with First Nations within the intended spirit and intent of Treaties.”

VOLUNTEERS NEEDED – Avatar Grove Boardwalk Construction Weekends

Jul 18 2014/in Announcements

The Ancient Forest Alliance is looking for dedicated, considerate, and capable volunteers to help construct the Avatar Grove boardwalk this summer on the weekends of July 26/27 & August 23/24 in Port Renfrew, BC.

Volunteers must be able to follow instructions accurately, be in good physical condition to do the work, and act safely, responsibly and respectfully without exception. Activities may include carrying heavy boardwalk planks, bucketing gravel, using hand tools, digging soil, moving rocks, etc. as well as having fun. See a photo gallery of the work we've completed so far: https://on.fb.me/1nyR7Mt

Please send an email with your availability, any related experience and physical limitations we should be aware of, and contact information to Avatar Boardwalk coordinator TJ Watt at: info@ancientforestalliance.org

Island Timberlands logs old-growth forests near Port Alberni

Jul 17 2014/in News Coverage

Conservationists expressed alarm over a logging company’s logging of rare old-growth Douglas Fir trees near Port Alberni. Island Timberlands had reportedly logged a hundred-metre wide section of old-growth trees in the previously intact part of McLaughlin Ridge’s forest.

The Port Alberni Watershed-Forest Alliance and Ancient Forest Alliance have urged the BC government — which deregulated the land in 2004 — to work toward conservation of McLaughlin Ridge and other endangered old-growth forests jeopardized by Island Timberlands.

“This magnificent old growth forest is being reduced to stumps, logs and huge amounts of waste that will most likely end up in massive burn piles,” said Port Alberni Watershed Forest Alliance coordinator Jane Morden.

“Anyone who sees this area now will never be able to imagine the centuries old forest that once stood here, nor will the forest ever grow back the same. It is a tragic loss for not only the wildlife that depended on it, but also for future generations…What’s going on right now is a first rate environmental emergency in this province.”

Logging by Island Timberlands was also at the centre of controversy on Cortes Island, where protesters tried to block loggers’ access to the island’s forests.

“By all measures, McLaughlin Ridge is of the highest conservation priority…McLaughlin Ridge was supposed to be protected as part of the agreement to remove the lands from the Tree Farm Licence in 2004, but the BC government and Island Timberlands dropped the ball on the subsequent negotiations,” said TJ Watt, Ancient Forest Alliance campaigner. “We need Island Timberlands to cease and desist immediately from their old-growth logging operations, and for the BC government to ensure a conservation solution for this endangered ancient forest.”

A few hundred hectares of endangered old growth forests and mature second-growth forests remain in the area, but activists worry they, too, may soon be cut down. McLaughlin Ridge has been recognized by the provincial government’s own biologists as one of the most important habitats for the red-listed Queen Charlotte Goshawk (an endangered bird of prey) and as one of the finest ungulate wintering ranges for coastal black-tailed deer on Vancouver Island.