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

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

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...