How to achieve meaningful consultation/accommodation with First Nation communities: The need/benefits for community-led forest management plans in Ontario’s forest industry

Abstract

The inherent Aboriginal and treaty rights of First Nations people continue to be infringed upon in Ontario’s forest industry. The province of Ontario continues to abuse its colonially obtained Section 92 powers and has supported its forestry practices under the Crown Forest Sustainability Act 1994 regardless of those practices violating the constitutionally protected rights of First Nations people under Section 35 of the Constitution. This thesis's objective was to investigate how the implementation of community-led forest management plans can assist the province of Ontario to achieve its constitutional obligations under Section 35 by providing meaningful consultation and accommodation to First Nation communities affected by forest operations in Ontario. An analysis of the different perspectives of meaningful consultation and accommodation, current policies and legislation and examples of pre-existing community-led forest management plans was conducted to explore how a community-led forest management plan can satisfy the requirements of meaningful consultation and accommodation and the additional benefits that implementing community-led forest management plans can have in Ontario’s forest industry. It was concluded that implementing community-led forest management plans in Ontario’s forest industry can allow the province to achieve its constitutional obligations to provide meaningful consultation and accommodation to First Nation communities and that there is a great need for implementing these plans as they benefit all parties involved. Although the conclusion of this thesis presents a great opportunity for First Nation communities, there is still the realization that First Nations must work within the colonial system. This emphasizes the importance of reconciling Section 92 with Section 35 of the Constitution and ensuring that the never extinguished Aboriginal title of First Nation communities is respected.