Comments on the Kwakiutl First Nations' objections to the province's decisions to allow a forestry company to remove its private lands from a tree farm licence and to approve a forest stewardship plan. Refers to Supreme Court of Canada's decision in Chartrand v. The District Manager.
Discusses the legal and constitutional duty to consult First Nations and accommodate their interests when Crown land and natural resource management decisions may adversely impact Treaty rights protected under the Constitution Act, 1982.
Looks at the Treaty settlement known as the "Treelords Deal" and examines the academic and legal definitions, and how the concept is being deliberately misinterpreted by some tribes for their own commercial gain.
McMillan Aboriginal Law Bulletin, May 2013, pp. [1]-5
Description
Discusses the Supreme Court of Canada's decision in Behn v Moulton Contracting Ltd which states that members of an Aboriginal group cannot invoke "self-help" remedies when claiming that the government breached its duty to consult.
Provides evaluation of how forestry-related research involving Aboriginal peoples has responded to shift in Aboriginal research in Canada.
Chapter two from Voting, Governance, and Research Methodology edited by Jerry P. White, Julie Peters, Dan Beavon, and Peter Dinsdale, which is vol. 10 in the Aboriginal Policy Research series.
Originally presented at the Aboriginal Policy Research Conference, 2009.