ARCHIVE: 5 MINUTES WITH . . .
| Land-Use Planning in Canada’s North—Keep It Up Thomas Berger, 2009–10 CIBC Scholar-in-Residence Research Co-Chair May 10, 2010 |
The 2010 CIBC Scholar-in-Residence Program brings together nationally renowned academic scholars to assess the effectiveness of land-use planning in Canada’s North. Thomas Berger, Steven Kennett, and Hayden King are examining this issue from three very different perspectives. This year’s program is also a unique joint venture with the Board’s new Centre for the North. The scholars will present their views at the CIBC Scholar-in-Residence lecture, Canada’s North—What’s the Plan?, on May 12, 2010, in Whitehorse, Yukon. Thomas Berger is among the pre-eminent legal figures in the history of British Columbia. He was counsel for the Nisga’a Nation of B.C. in a case in which the Supreme Court of Canada recognized the place of Aboriginal rights in Canadian law. He was the youngest judge to be appointed to the Supreme Court of British Columbia in the 20th century, and he served there for 12 years. During his time on the bench, Mr. Berger headed many inquiries. These included the Mackenzie Valley Pipeline Inquiry, which was set up to determine the social, environmental, and economic impacts of the proposed Arctic gas pipeline to be built from Alaska through the Mackenzie Valley to metropolitan centres in Canada and the United States. Upon his recommendation, the Government of Canada rejected the proposal and approved an alternate route. Mr. Berger’s public intervention in 1981 was instrumental in the inclusion of Aboriginal rights in the new Canadian Constitution.
InsideEdge: Why should Canadians in all parts of the country—not just the North—care about land-use planning in Northern Canada? Thomas Berger: The North is where the future of Canada will unfold. In the North, the great issues come together—Aboriginal rights; environmental protection; energy, mines, and minerals; and sovereignty. No one wants a free-for-all. So we come back, inevitably, to land-use planning. InsideEdge: What is your key argument about land-use planning in the North? Thomas Berger: The resolution of these issues can only be undertaken in the context of land-use planning. What lands will be protected for Aboriginal hunting, trapping, and fishing, and other traditional activities? What lands will be set aside in perpetuity for the protection of wilderness—lands to remain in their natural state? What lands will be retained by Aboriginal peoples? What lands opened for exploration and production of oil, gas, and minerals? No one wants a free-for-all. So we come back, inevitably, to land-use planning. InsideEdge: Under your vision of effective land resource management in the North, what is the role of governments? What is the role of businesses? What role can Aboriginal communities play in this process? Thomas Berger: In Canada, we have in the past 35 years developed a model of land claim settlements to resolve issues of land-use planning. This has entailed negotiations between Canada, the territorial governments, and Aboriginal peoples. Moreover, it has given us a model where consultation with local people and communities, Aboriginal and non-Aboriginal, is essential. It has taken longer than anyone thought it would, but I think it works. And, of course, nowadays businesses are involved at the front end, since they are important players in the whole process of consultation and accommodation.
Related Publications
Territorial Outlook January 2010
True to Their Visions: An Account of 10 Successful Aboriginal Businesses Executive Networks
Centre for the North
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