Measure to resolve Treaty 8 infringement issue proves contentious

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Efforts to resolve the infringement of Treaty 8 First Nations’ rights are providing contentious in BC’s northeast to the point of threats arising against Blueberry River First Nations Chief Judy Desjarlais.

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Talks between the Blueberry River First Nations and the province are the result of last June’s Yahey v. BC decision in BC Supreme Court that ruled the cumulative impacts of resource development had interfered with the Nation’s ability to meaningfully exercise their treaty rights to hunting.

However, a proposal by the province that would close caribou hunting in a wide area and reduce the moose harvest by half for resident BC hunters has hit considerable opposition among hunting groups and last week someone made a death threat against Desjarlais.

The incident, reported to the RCMP, was roundly condemned by all sides, including the BC Wildlife Federation, which has criticized the proposed changes to hunting regulations.

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Forest Minister Katrine Conroy and Minister of Indigenous Relations and Reconciliation Murray Rankin called the threats “illegal and abhorrent” in a joint statement.

“Chief Desjarlais and Blueberry River First Nations should in no way be subject to racist and hateful threats and intimidation,” the statement read.

Desjarlais, in the same statement, said the “reprehensible incident” underscores the sensitivity of hunting-related decisions in the region, which is “a big part of the way of life for all residents in northeast BC, whether Indigenous or not.”

From the province’s perspective, though, discussions aimed at meeting BC’s obligations set out in the Yahey v. BC decision haven’t reached an agreement on any wildlife measures, including changes to hunting rules.

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Desjarlais, in a written response to Postmedia News questions, said the Blueberry River First Nations have “watched the continuous breaching of our treaty rights” to the point that overdevelopment has left their people unable to practice their traditional way of life.

“Our discussions with the province are designed to give balance,” Desjarlais said, to allow forestry and oil-and-gas development that will preserve jobs, “but things can’t continue the way they were before.”

BC Wildlife Federation executive director Jesse Zeman also condemned the threat as unacceptable.

“I hope they figure out who did it,” Zeman said, but added that the province needs to find a process that involves all interests where “people can see themselves in the outcome.”

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Zeman said the federation has examples where it has worked with First Nations on stewardship projects, which has led to better outcomes, “instead of having meetings in separate rooms not talking to each other.”

“That is kind of a sustainable future, as opposed to what we have going on right now, which is crisis management and trying to make a deal,” Zeman said.

In an emailed response to Postmedia questions that was unattributed, Conroy’s staff wrote that the parties were working on measures to mitigate disturbances to wildlife and the landscape by industrial development, which would include potential changes to current hunting regulations.

“The Treaty 8 First Nations and the province are committed to meaningful engagement with the public on the proposed regulatory package,” the statement read.

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Zeman, however, said the broad range of conditions in the northeast offers the chance to be flexible with hunting opportunities rather than blanket solutions “in a world of crisis management.”

“You have areas that are close to First Nations communities where you could probably reduce (hunting) pressure, but you also have areas that are extremely remote where you could allow more licensed hunters to hunt,” Zeman said.

He added that the federation has met with some Treaty 8 First Nations and will “be jointly advocating to get some ecosystem restoration on the ground.” The group has put a lot of time and money into advocating for habitat work “and we’re going to be turning up the volume on that file.”

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