New forest legislation: threat or opportunity

Page 11

The Saskatchewan legislature recently passed the forest Resources Management Act, which provides a new legal framework to ensure that forests are protected and used in a sustainable way.

First Nations were involved from the beginning in developing the act. The Forest Legislation Advisory Committee, formed early in 1994, included First Nations representatives. Responses to a draft act released April 1995 were received by the committee and information was exchanged at many meetings between resource management staff and representatives of Meadow Lake Tribal Council, Prince Albert Grand Council and the Federation of Saskatchewan Indian Nations.

The Forestry Development Committee of the Grand Council, chaired by Henry Morin of Pelican Narrows, met with resource management staff of number of times and emphasized, among other things, that treaty rights must be protected and that more discussion should be held within the communities.

In response to these and other concerns raised by First Nations people, the Minister of Saskatchewan Environment and Resource Management wrote to all Saskatch3ewan First Nations three times since December 1994 to provide information, to offer to meet with representatives from the communities and to invite further comment. What follows is a summary of that information:

1. Protection of Aboriginal and treaty rights

Section 2(2) has been added to the forest Resources Management Act to make sure that nothing in that act 2 will interfere with anyone's right to hunt, fish and trap.

In conjunction with passing the act, the legislature also passed an amendment to the Interpretation Act, 1995 so that Aboriginal people will know that all provincial legislation must be interpreted in accordance w8ith their rights as recognized in Canada's Constitution.

2. Gathering food, fuel, wood and other plants

Section 17 has been changed to better reflect its original intent, that no permit be required by people gathering food, dry fuel wood or other plants for their own use or that of their families.

3. Travel Permits

In the 1995 draft of the act, the minister had the option of requiring people going on Crown land to get a travel permit. This authority has been removed in the new act. However, the minister may still close roads to vehicles when necessary to protect the forest (section 58 of the new act). Conservation officers may authorize the use of vehicles on closed roads in some cases.

4. Decision making

Section 11 deals with forest management committees established by the minister. Section 11(a) obligates the minister to establish a Provincial forest Policy Advisory Committee. This single committee will be provincial in scope and advise the minister on broad policy issues.

Section 11 (b) allows the minister to establish local forest management committees which are intended to support, not replace, the ways in which local people are already involved in forest management.

Co-management boards and partnerships which are already working to the satisfaction of all parties could take on the role of these committees. How the committees work will be worked out through more consultation in the development of supporting regulations and policy.

Section 93 authorizes the making of regulations which allow the minister to delegate responsibilities to forest management committees.

5. Land entitlement

Saskatchewan will protect the interests of entitlement bands from third parties licensed under current or proposed forest legislation by following the terms of the Saskatchewan Land entitlement Framework Agreement between Canada, the entitlement bands and Saskatchewan first Nations.