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.
collections
- undergraduate theses [325]