Balancing Blueberry’s ability to practice its Treaty rights with a sustainable regional economy
On June 29, 2021 the B.C. Supreme Court ruled that the British Columbia government had breached Blueberry River First Nation’s Treaty 8 rights by allowing over-development of the land in Blueberry’s traditional territory.
The Court directed the B.C. government to change how it approves new development. It ruled that Blueberry and the Province must work together to create new land management rules that balance industrial development with the protection of Blueberry Members’ Treaty rights. These rights — including hunting, fishing, trapping, and gathering food and medicines — are part of Blueberry’s way of life, and the Court emphasized that the cumulative impacts of development on these rights must be properly considered.
On July 28, 2021, the B.C. government announced that it would honour the court’s decision and not appeal the ruling. Blueberry and B.C. began working together on a new, collaborative approach to land management, resource development and restoration in Blueberry’s traditional territory (also called the ‘claim area’).
On January 23, 2023, Blueberry and B.C. announced the Implementation Agreement (IA). The IA sets the direction for how industrial activity will be managed in Blueberry’s traditional territory, including establishing protected areas, stronger environmental standards for future development, wildlife co-management, revenue sharing, and extensive land restoration efforts.
This joint approach to land and resource management addresses the cumulative impacts to the land and ensures the protection of Blueberry’s Treaty rights now and for future generations.
Together, Blueberry and the B.C. are working to balance Blueberry’s ability to practice its Treaty Rights with a sustainable regional economy.
What Is Treaty 8?
Treaty 8 is the binding legal agreement that detailed how colonial settlement would be allowed in territories that Indigenous peoples have occupied and relied upon since time immemorial.
The Treaty was negotiated between representatives of the Canadian government and Indigenous Nations. This resulted in a formal agreement on June 21, 1899 between First Nations of Northern Alberta, Northwestern Saskatchewan, the Southwest portion of the Northwest Territories, and the Crown, followed by additional agreements with the Nations of Northeast British Columbia. Treaty 8 sets out continuing rights and obligations on all sides, based upon principles of law, respect, honesty and acceptance.
Treaty 8 stated that the Canadian and Provincial governments are permitted to “take up” land from time to time for settlement and development. However, this right is subject to (and subordinate to) the overarching essential Treaty promise that the Indigenous traditional way of life, centered around hunting, trapping, fishing and the many cultural activities that support that, are to be protected — "for as long as the sun shines, the grass grows, and the rivers flow.”
This means that a healthy environment upon which these rights depend must be protected.
Treaty rights and Aboriginal rights (also commonly referred to as Indigenous rights) are recognized and affirmed in Section 35 of Canada’s Constitution Act of 1982, and are also a key part of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which became part of B.C. law on November 29, 2019, and became part of Canadian law on June 21, 2021.
Treaty 8 territory, encompassing a landmass of approximately 840,000 square kilometres, is home to 39 First Nations communities, including 23 Alberta First Nations, 3 Saskatchewan First Nations, 6 Northwestern Territories First Nations, and 8 British Columbia First Nations.
For more information about Treaty 8, visit the Treaty 8 Tribal Association website.
Honouring the Treaty 8 Relationship
Indigenous peoples have lived on the land we now call Canada for thousands of years, with their own unique cultures, identities, traditions, languages and institutions.
Early partnerships between Indigenous Nations and colonial governments were forged through treaties, as well as trade and military alliances, and were based on mutual respect and co-operation. Over time, these relationships were eroded by colonial and paternalistic policies that were enacted into laws.
Treaties provide a framework for living together and sharing the land Indigenous peoples have occupied since time immemorial. These agreements provide foundations for ongoing co-operation and partnership as we move forward together to advance reconciliation. Honouring the treaty relationship and negotiating new treaties based on the recognition of rights, respect, co-operation and partnership is key to Canada achieving lasting reconciliation with its Indigenous peoples.
Learn more about historic and modern treaties in Canada, treaty rights and the treaty relationship at Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC).
What did the Court find?
On June 29, 2021, the B.C. Supreme Court ruled that the provincial government had breached Blueberry’s Treaty rights, by allowing so much industrial development that Blueberry Members could no longer meaningfully practice their Treaty rights in their traditional territory.
The Court required the B.C. government to change how it approves new development in Northeast B.C. The Court directed the government to work with Blueberry to co-develop new rules for land management that account for cumulative impacts of development and recognize and respect Blueberry’s Treaty rights.
The cumulative impacts of industrial development on the land, waters and wildlife of Northeast B.C. have displaced Blueberry Members from areas which they have relied on for generations, impairing their ability to hunt, trap and fish in a healthy environment.
As a result of the Court’s ruling, Blueberry and the B.C. government are now working together to address the cumulative impacts to the land, including measures such as land protections, co-management of wildlife, changes to provincial laws and regulations, and extensive restoration.
What is the Implementation Agreement?
In response to the 2021 B.C. Supreme Court decision, Blueberry River First Nations and the Province of B.C. announced the Implementation Agreement (IA) on January 18, 2023.
Signed by Blueberry and B.C., the IA pledges both parties to work together on a new approach to land and resource stewardship in Blueberry’s claim area.
This joint approach addresses the cumulative impacts to the land from decades of industrial development and ensures the protection of Blueberry’s Treaty rights and way of life now and for future generations.
There are big changes happening on the land in Blueberry’s claim area, particularly in natural resource and land management. Some changes are already happening, while others will take longer. This paradigm shift will require everyone to think differently - but residents, government and industry are finding new ways to move forward and adapt.
Together, Blueberry River First Nations, the B.C. government and industry stakeholders are building a positive future for everyone in the Northeast.
Implementation Agreement Overview
The Implementation Agreement is a detailed legal document, but the most important information can be summarized into five sections:
- PROTECTION of large areas of Blueberry’s territory, chosen in consultation with Blueberry Members to support their Treaty rights, from industrial developments that would cause new disturbance.
- Other areas, where development can occur, are also protected by STRONGER RULES TO PRESERVE ECOSYSTEM AND CULTURAL VALUES, including old forests, water, and wildlife habitat, and to let the land recover.
- Blueberry will CO-MANAGE WILDLIFE with the B.C. government to make sure that external hunting pressures are not too great, habitat is protected, and to improve wildlife populations.
- REVENUE SHARING and other financial agreements for Blueberry, to ensure that the Nation also prospers from the development that occurs in its territory.
- RESTORATION is a major focus, with Blueberry setting the standards for restoration, and Blueberry members identifying the priority areas for restoration.
