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Ontario Professional Forester Association Article on Indigenous Rights in Forestry.

shah3278

Updated: Jan 30

This article first ran in OPFA magazine in the Dec 2024 issue. It is reprinted on Wahkohtowins Blog. The original is posted here.


Image 1. Birch Bark Canoe build by Wahkohtowin Guardians led by Chuck Commanda
Image 1. Birch Bark Canoe build by Wahkohtowin Guardians led by Chuck Commanda

Equipped with Stihl brushing saws and pruners, the Guardians selectively cut back shrubs and other plants that could hinder the growth of young trees.


First - Gichi Meegwetch (a Big Thank You) to the organizers of the OPFA newsletter. This publication serves as a platform for our profession to reflect on aspects of our roles as Registered Professional Foresters that might not always seem directly connected to our daily work. In particular, I’m referring to Aboriginal Rights and Treaty Rights as recognized and upheld by Section 35 of the Canadian Constitution.


I encourage you to take a moment to read the full article—don’t tune out at the mention of Section 35 or Aboriginal Rights. These topics are essential to understanding our broader responsibilities! As I shared on the panel at our last OPFA Conference, we as a profession are better served when we have a deeper appreciation for what those rights are and how they relate to the contemporary needs of First Nations and their lands and territories we all find ourselves working on and benefiting from.



Purchasing our second harvester for Opeewin!
Purchasing our second harvester for Opeewin!

The provisions under Treaty to protect the rights to hunt, fish and trap in the simplest of terms may sound to most like running a trap ground and being part of a commercial fur economy selling the skinned and dried hides. This interpretation is far too simplistic. In First Nation culture, natural law and land use—encompassing social, environmental, and economic factors when viewed through a contemporary lens—were protected in deep covenant through Treaty. These agreements upheld a commitment to enduring friendship, mutual respect for each other's governance systems, and the well-being of all peoples. Our First Nations are still here after sharing the findings of the Truth and Reconciliation Commission have been shared nationally. There are over 130 court cases at the Supreme Court level directing governments to do better when consulting and upholding these continual and existing provisions and rights.




What does that mean for our profession? Under our Code of Ethics – we are to manage the resources to meet the needs of the people without prejudice of our employer. The question I often encourage our profession to consider is – who makes up the people? In forest management in Ontario, the process provides for First Nation (FN) participation at the Local Citizen Committee at the Districts, the Planning Teams – when they are active and relegate First Nations as stakeholders when the Crown conducts consultation using the EBR or a rapid four location consultation visit (using 2006 policy) to request a representative from each FN to learn and comment in a 30 day window about a legislative or policy change. The point I am raising is that it does not support the Nation to Nation engagement needed and those who attempt to participate are often told – thank you for sharing your issues and concerns we will give them due consideration. Our First Nations are still here after the findings of the Truth and Reconciliation Commission have been shared nationally.



Manual Brushing with the Team
Manual Brushing with the Team

I work for a social enterprise owned by three Treaty No. 9 First Nations – Brunswick House First Nation, Chapleau Cree First Nation and Missanabie Cree First Nation whose combined territories have interest on all or portions of nine Sustainable Forest License's. They birthed Wahkohtowin Development after spending a decade in geopolitical conversation with governments and industry around advancing a change in participation for their Nations knowing that Nation Building will have to be supported from within their communities and people. The same people who need to have access to protected rights and use across the landscape under healthy ecosystems and function. The same people who need to have access to unfettered use rights (Hunt, Fish, Trap – Food Security, Food Sovereignty) as they are protected in international and national law – example over the last 100 years, the imposed Ontario Trapline system which systemically continues to divide the Nations territorial lands and fracturing the cultural, spiritual, and governance use right to non-Indigenous People to conduct commercial trapping.



This doesn’t exist any longer – commercial trapping in any significant way and most non-Indigenous line holders retain the lines to have a ‘camp’ in the north to use from time to time. I have witnessed OMNR staff state to Indigenous People, go and place your traps out on the land anywhere it is your Section 35 right. This is abusive and ignores the reality of the conflict it would naturally create with the Ontario Trapline holder. Access and opportunity are integral for Nations to continue to revive language, culture and relationship to place after being harassed, abused and chased off their homelands.


Our First Nations are still here after the findings of the Truth and Reconciliation Commission have been shared nationally. Toward Full Participation Wahkohtowin Development has existed now for nine years and has achieved some level of success in the following areas – became Shareholders of the Missinaibi Forest – EnhancedSFL as part of forest tenure reform in Ontario, created a fund within that structure to attract business development and corporate investment into advancing Section 20 of the SFL document (Aboriginal Opportunities), generated $4M investment into ownership of the Hornepayne Sawmill (20%) and Cogen (45%), started a harvesting company – OPeeWin that has been in operation for the last 5 years, established a Guardian Program that has run for the last 4 seasons – 15 participants last summer, established the early pilots for resource revenue sharing that are currently in place with over 38 First Nations – Stumpage and Mining Tax Royalties, continued to advance the work in Herbicide Alternative Program – a collaboration with industry and more recently government, opened up an Innovation Center – 40 Pine St in Chapleau to provide a place to coordinate out of and build out our interest in extension work with our surrounding 16 sister First Nations. We are actively exploring several initiatives to foster innovation and collaboration. These include piloting a Customized Consultation Approach and developing a Relationship Agreement aimed at moving beyond tell us your issues and concerns to advancing a co-existence framework. In the realm of improved forest management, we are investigating the use of mycorrhizae inoculation of seedlings for enhanced carbon removal and nature[1]based solutions, such as alternatives to herbicides.




 The Professional Forester 5 To address the housing crisis, we established Onebowl.org, a not-for-profit social enterprise delivering thermo log home kits to our Nations. Over time, we plan to manufacture these kits locally in Ontario in partnership with a regional collaborator. Looking ahead, we will host our third Indigenous Land Symposium from February 3 –7, 2025, in Bawating (Sault Ste. Marie). The first day will be dedicated to First Nation-focused discussions, followed by sessions open to all. We are at a paradigm shift in forestry that allows Ontario and the forest dependent First Nations to be fully recognized as valid and viable contributors to the successful stewardship of the forests, lands, waters and animals. Professional Foresters that embrace the legal context of how First Nations are a group of people that they must give serious contemplation toward when managing the forest for the interest of the people while operating under a sense of collaboration and curiosity on how to support change will generate more Wahkohtowin. Our team has grown to nine employees, and we currently chase all our funding through applications to various government(s) and foundation programs.


To date, we estimate the gross value of investments and revenue generated to exceed $40 million. Now, we must ask: What could full participation look like if our Social Enterprise had at least a sustainable budget to cover staff costs? Furthermore, what possibilities could be unlocked with access to $3 million in unrestricted funds, enabling us to drive greater outcomes and foster innovation in support of achieving Sustainable Forest Management? To be successful we all need to consider achieving more conservation (new Indigenous Protected and Conserved Areas) across the landscape prior to the next round of Forest Management Plans being finalized between 2028 and 2031. To be successful we will need to ensure certainty by assuring meaningful consultation occurs going forward. Diversifying the forest sector through the Forest Biomass Action Plan is linked to creating success in the above listed areas. Addressing Indigenous participation in the forest sector as part of the CUSMA – NAFTA 2.0 is also linked to creating success in the above listed areas. Wahkohtowin is a Cree word that means ‘kinship’ – everything is connected in the natural world to the spiritual world. We are still here.



David Flood GM of Wahkohtowin
David Flood GM of Wahkohtowin

 

Professional Development ---

David Flood continues to believe in the importance of ongoing development and growth within our professional association. In 2018, he sponsored Isabelle Allen, a member of Timiskaming First Nation, who has served as Wahkohtowin’s Project Forester for the past seven years. David is inspired by his son’s journey, from graduating from Lakehead University to joining the association in the past two years and now contributing to the industry. His commitment to mentorship remains strong, with three additional recruits under his guidance—two of which also work for Wahkohtowin Development and Missanabie Cree First Nation’s, Lands and Resources Department.


If you have a desire to learn more about Wahkohtowin Development or get involved please reach out to us directly. shah@wahkohtowin.com 

You can equally check out our careers section on our website located here (we have active postings) :

 



Takeaway Message!

Sustainability has many interpretations, but from an Indigenous perspective, it centers on the concept of All My Relations. This view emphasizes the interconnectedness of all things, highlighting the importance of respecting natural balance and understanding cause and effect. Recognizing and nurturing these connections is essential for maintaining harmony within the environment

 

 

Written by: David Flood








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