During the provincial forest tenure review process which began in August 2009, the Province of Ontario continually rejected the First Nations demand for a new forest tenure model. The model that First Nations proposed is one that is consistent with the treaty position that decisions with respect to the land (including forest tenure) are to be community managed. The Northern Ontario Sustainable Communities Partnership also put forth a similar position during this time.
In the fall of 2009, the Ontario Ministry of Northern Development, Mines and Forestry (“MNDMF”) released the results of their efforts. Two new forest tenure models were announced. These are 1) Local Forest Management Corporations (“LFMC”), and 2) Enhanced Shareholder Sustainable Forest Licences. Neither provides the framework for community managed forests. On June 1, 2011 the Forest Tenure Modernization Act received Royal Assent in the Ontario legislature over the objection and free, prior and informed consent (“FPIC”) of First Nations. This Act allows the LFMC’s to become legal entities.
In response to the Ontario government forest modernization process, an Ontario First Nations Forest Sector Technical Working Group has been formed. It is coordinated by the Chiefs of Ontario. The NAN Forestry Program participates in advocating the positions of the First Nations in NAN.
NAN has taken the opportunity to measure the Ontario Forest Tenure Modernization Act against international human rights instruments and has found many human rights violations. The Act was an opportunity for the Province of Ontario to recognize First Nation forestry development rights and guarantee equitable sharing of the economic benefits. Instead, First Nations continue to be marginalized in the forestry sector, not only by private companies, but now also by LFMCs which will be controlled by the Province of Ontario. In addition, the federal government (Canada) has not been moved by its treaty obligations to intervene on behalf of First Nations. This hands-off approach is inconsistent with the international obligations of the Canadian state, including those rights stated in the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”).
NAN will continue to advocate for a forest tenure system that is based upon community management. This is per direction provided by NAN Chiefs Resolution No. 09/10. It will also continue to ensure that standards set out in the UNDRIP are effectively implemented in any subsequent legislation and/or policies that are developed with respect to the forests in the NAN homelands.
Stay tuned for further updates. For further information, please contact us.
