Planning by Aboriginal Peoples

Aboriginal Peoples refers to individuals of First Nations, Métis and Inuit decent.  Treated for many years as “wards of the state”, the federal government regulated the land and government of aboriginal peoples, with an eye to “civilising” these peoples.  The Guide Page on First Nation Governments gives a better idea of the laws governing First Nations and other aboriginal peoples. 

This page focuses on planning processes open to Aboriginal Peoples.  It includes both:

·          Planning processes developed by governments to accommodate Aboriginal interests; and

·          Planning processes initiated by the Aboriginal People.

Government Planning Processes

The federal government’s Indian and Northern Affairs Canada (INAC) is responsible for the administration of land and resources on reserves.  Although Band Councils govern what takes place on an Indian Reserve (see First Nations Government), the Bands’ powers are limited by INAC’s over-arching responsibility (See the Guide Page on the Indian Act).  INAC mandates several types of planning on reserve lands, including:

·          Comprehensive Community Planning (CCP) led by INAC under the federal Sustainable Development Strategy. This process is currently under development.

·          Long-Term Capital Plan led by INAC that outlines all capital projects that Aboriginal people require.

·          Land Codes – a Code governing land management on a reserve, authorized by the First Nations Land Management Act.

In addition, with the courts increasingly saying that Aboriginal Peoples have constitutionally protected legal rights which require consultation with the First Nation, both the federal and provincial governments are increasingly attempting to include aboriginal peoples in their planning processes.  For example: 

·          Strategic Land Use Planning – First Nations are often involved in “strategic planning” for activities on Crown Land.  In some cases the provincial government has supplied funding or even set up a special “government to government” process to ensure that First Nations interests are incorporated in planning.   

·          Provincial Planning for Particular Resources – The Province is obliged to consult Aboriginal Peoples before approving any plans that might impact on aboriginal rights or title.  In addition, some First Nations have been able to convince the provincial government to initiate planning, including, for example, Watershed Fish Sustainability Plan and Water use Planning. 

Aboriginal Planning Processes

Perhaps even more significantly, many First Nations are initiating their own planning processes.  These can take place within existing legal constraints.  Most Band Council plan for the use of resources on their reserves.  In other cases, however, First Nations are by-passing the official channels, using the leverage created by court interpretations of aboriginal title and self-government, as well as the threat of litigation, to get their plans implemented:

·          The Turning Point Initiative was a deal brokered between a number of First Nations, Environmental Groups and Forest Companies, which expanded protected areas and established ecosystem-based logging over a large area of the central coast of British Columbia.  Only after the deal was largely complete did government come on board.  Participants include the Heiltsuk, Haisla, Metlakatla, Kitasoo/Xaizais Gitga'at and Wuikinuxv First Nations.

·          The BC Aboriginal Fisheries Commission (BCAFC) is a central coordinating body to assist First Nations in participating and initiating fisheries planning processes.  The BCAFC provides technical assistance, coordinates communications and the flow of information between First Nations, and provides a forum for discussions on political and policy issues. The BCAFC's mandate also includes the coordination of activities between First Nations and the Federal and Provincial Governments.

·          Land Use Planning – A number of First Nations have developed their own land use planning process, which they can then use as a basis for political demands made of the province.  In many cases forest companies have voluntarily abided by such agreements rather than get embroiled in messy political or legal disputes.  See, for example, Squamish First Nations Land Use Plan.

Related Guide Pages:

·          Planning Outside Government

·          First Nations Government

·          Aboriginal Rights and Title

·          Federal Planning Processes

·          Provincial Planning Processes

For more information about Aboriginal Planning Processes:

·          Assembly of First Nations website.

·          BC Aboriginal Fisheries Commission website.

·          BC Treaty Commission website.

·          Indian and Northern Affairs Canada website.

·          Union of BC Indian Chiefs website.

·          Columbia River Inter-tribal Fisheries Commission represents Ktunaxa-Kinbasket, Shuswap and Okanagan First Nations in Water-Use Planning, fisheries conservation and other habitat planning and management activities.