“The Crown’s obligation to reasonably consult is not fulfilled simply by providing a process within which to exchange and discuss information”, states B.C. Supreme Court Justice Kathryn Neilson in her final ruling on the Crown’s consultation obligations to Indigenous People.
The case, Wii’litswx v. British Columbia, was centered around the B.C. Forestry Ministry’s failure to reasonably (adequately) consult the Gitanyow First Nation when they issued licenses that gave logging companies access to a part of the Gitanyow’s traditional territory.
“Judge Nielson pointed out that there was ‘a long and troubled history of over-logging and unfulfilled silviculture obligations on Gitanyow traditional territory’”, notes Mohawk Nation News (MNN). “The Crown agreed that it had ‘a duty to meaningfully consult with the Gitanyow in good faith and to reasonably accommodate its concerns and interests’. It ignored them. As the judge said, ‘Meaningful consultation and accommodation’ is more than just ‘thorough discussion’. She found that the Ministry of Forests should have come up with a plan ‘endorsed by the Gitanyow’.”
One thing she failed to mention, however, is the Gitanyow’s “right to decide whether foreign corporations can cut their trees.” That is, their right to informed consent.
This is something that Judge Neilson, along with every other Judge in Canada, has been very careful to avoid.
Ads for the Ministry’s failure, Judge Neilson states, “[T]here is no question that substantial logging and road building have occurred on those lands and that these activities have had a significant impact on the sustainability of timber resources and on other aspects of ...