Globe Climate: B.C. cedes provincial park to Nuchatlaht First Nation

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4 hours ago

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Wildfires continue to burn through Western Canada. Manitoba and Saskatchewan have evacuated more than 30,000 people, with both provinces under states of emergency. Officials in Alberta and British Columbia are contending with dozens of fires, too.
Now, new fires have led Ontario to request military support, with 26 actively burning in the northwest region. Prime Minister Mark Carney said yesterday that he called upon the Canadian Armed Forces to airlift nearly 3,000 people from Sandy Lake First Nation.
Even G7 summit preparations in Alberta now include plans for wildfire evacuations.
Now, let's catch you up on other news.
For this week's deeper dive, a closer look at a ruling that establishes Aboriginal title can supersede park protections on Crown land.
British Columbia quietly ceded control of a large portion of a provincial park off the west coast of Vancouver Island, in response to a precedent-setting court ruling on an Indigenous land claim.
The B.C. Supreme Court declared last year that the Nuchatlaht, a First Nation with 180 members, has proved Aboriginal title to 1,140 hectares of land on the north end of Nootka Island.
Jack Woodward, the lawyer who represented the Nuchatlaht, says it is the first time parkland has been included in a title ruling from the courts. It is also setting precedent that Aboriginal title can supersede park protections on Crown land.
He also said that the governments of Canada and B.C. have failed to provide legal guidance for Aboriginal title lands.
The title lands include 320 hectares of old-growth forest in Nuchatlitz Park, which was established in 1996 with the primary goal of protecting special natural features. The land, about 110 kilometres northwest of Tofino, includes critical habitat for several at-risk species, including sea otters, the wandering salamander and the marbled murrelet (a small seabird), and features increasingly rare coastal sand ecosystems.
Thomas Isaac, an expert in Aboriginal law at the Vancouver law firm Cassels, said the province has legislative tools to protect the park, but is not using them. 'The legislative objective of protecting the environment can justifiably infringe an Aboriginal right, including title,' he said.
'The government is negligent, asleep on the job. The Nuchatlaht is not responsible for the public interest‚' he said, adding that it's up to governments to balance Indigenous interests with those of the wider public.
Meanwhile, The First Nation is building a road through the former parkland for its members. They have plans to develop their title lands with 'really strict guidelines.'
Public access to parts of Nuchatlitz Park is also no longer assured, and the province says it is up to visitors to ensure they are not trespassing. Kayakers and recreational boaters are only just learning, through word-of-mouth, that the popular destination is no longer public land.
Read the full story today.
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