BC's Agreements With Blueberry River And Other First Nations Reopen Land To Development, While Minimizing New Disturbances

• Law Firm: Fasken
• Subject Matter: Environment, Government, Public Sector, Energy and Natural Resources, Energy Law, Environmental Law, Oil, Gas & Electricity, Indigenous Peoples
• Author: Ms Bridget Gilbride, Danielle Bryant and Nathan Surkan
• Published date: 27 March 2023

On January 18, 2023, the Province of British Columbia reached an agreement with Blueberry River First Nations that will lead to broad changes to land management and resource development in the northeast of British Columbia. Two days later, on January 20, 2023, the Province announced agreements with four other Treaty 8 First Nations (Doig River First Nation, Halfway River First Nation, Fort Nelson First Nation and Saulteau First Nations) covering similar objectives.

The agreements, made publicly available on March 10, 2023, will result in significant changes in how permits are issued in northeast British Columbia, and where and how development may occur, with particular implications for the Petroleum and Natural Gas ("PNG") and forestry industries.

The Province also announced that discussions are ongoing with the other three Treaty 8 First Nations in British Columbia (West Moberly First Nations, Prophet River First Nation, and McLeod Lake Indian Band).

Background

In June 2021, the BC Supreme Court released its decision in Yahey v. British Columbia, 2021 BCSC 1287, finding that the Province had unjustifiably infringed Blueberry River's Treaty 8 rights by failing to manage cumulative impacts on Blueberry River's traditional territory. As a result, the Court ordered that British Columbia may not continue to authorize activities in Blueberry River's claim area (comprising ~38,000 square kilometres) that infringe Treaty 8 without justification, and required the parties to establish enforceable mechanisms to assess and manage the cumulative impact of industrial development on Blueberry River's treaty rights.

The Province did not appeal the decision, and commenced negotiations with Blueberry River in accordance with the Court's order. The Province also entered negotiations with the other Treaty 8 First Nations in British Columbia who have also experienced impacts from industrial development in the northeast.

In October 2021, the Province and Blueberry River reached an initial agreement in which the Province committed to investments totalling $65 million toward "healing the land", cultural renewal, land protection and wildlife management. This agreement allowed 195 already permitted forestry and oil and gas projects to proceed.

On January 18, 2023, the Province and Blueberry River announced that they had reached an agreement that responded to the Court's direction in Yahey, and on January 20, 2023, the Province announced agreements with four other Treaty 8 Nations.

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