Blog Archive Layout

Kwakiutl First Nation protests BC government’s attempts to shirk responsibilities

Feb 23 2014/in News Coverage

Eight months after the Supreme Court of British Columbia declared that both the provincial and the federal governments have failed to honour the 1851 Douglas Treaty between the Crown and the Kwakiutl First Nation of Port Hardy, BC government has launched an appeal.

Last June, the nation went to court to seek a judicial review of decisions made by the Provincial Crown in granting land tenures to logging company Western Forest Products. Under the provisions of an 1851 treaty between the Crown and the Kwakiutl First Nation, the Kwakiutl argued the province should have consulted meaningfully with them before allowing Western Forest Products to remove more than 14,000 hectares of private land from the area covered by Tree Farm Licence 6. The licence also covers roughly half of traditional Kwakiutl territory.

The province filed its appeal several weeks ago, and members of the Kwakiutl have been protesting on their traditional territory ever since, and they have no plans to stop any time soon.

“It’s conducted peacefully, and it will go on indefinitely until we reach resolution on the implementation issue with the Crown,” said Norman Champagne, band manager and spokesperson for the Kwakiutl. He said the treaty grants the nation the right to maintain its livelihood “as formerly” and “for generations to follow.”

The treaty in question is one of a group of 14 pre-confederation treaties known as the Douglas Treaties that cover much of Vancouver Island. The treaties are a series of agreements between the colonial governor James Douglas and the nations of the island in which Douglas purchased the lands for settlement expansion and the nations retained use of existing villages and fields as well as hunting and gathering rights on all of the land.

But now, 163 years after the treaty was signed, the occupation of the land by settlers and developers has made it even more difficult to enforce the right to use traditional territory in traditional ways.

“Towns have built up around the First Nations, economies have developed, businesses have grown. The impact is on the land itself and it further diminishes even the Crown’s ability to set aside land for the Kwakiutl.”

According to counsel for the nation Louise Mandell, the provincial has been acting illegally since the signing of the 1851 treaty

“During all of this time, the position of the government has been that title has been extinguished through the treaties and now the court says that’s just wrong.”

Justice Weatherill made a declaration stating that the province of BC had an ongoing duty to consult with the nation “in good faith and endeavour to seek accommodations regarding their claim of unextinguished Aboriginal rights, titles and interests in respect of the KFN Traditional Territory.”

While the federal government has so far remained silent on the issue, the provincial government is appealing the declaration.

In an email statement, the BC Ministry of Aboriginal Relations and Reconciliation said the government consults with all Douglas Treaty nations on “any decision that may affect their treaty rights in their traditional territory.” Spokesperson Vivian Thomas said the province is appealing to clarify the scope of consultation the Supreme Court has deemed necessary, but refused to comment any further.

A spokesperson for Aboriginal Affairs said the federal arm is also declining to comment while the case is before the court.

There have been a handful of cases since the 1960s affirming the continued validity of Aboriginal rights and title alongside the Douglas treaties

While the Justice Weatherill urged the federal government to deal fairly and with the Kwakiutl to address land claim issues, Mandell believes the court should have gone further, by declaring that the provincial government doesn’t have the power to roll back rights granted through agreements with the Crown and demand that the federal government step in. The Kwakiutl plan to file a cross-appeal to ask that courts fully articulate the responsibilities of both levels of government and call them to the table with Indigenous governments to resolve the issue.

“The table has not been set properly for the implementation of this treaty,” she said.

“All of the pre-confederation treaties have not been properly implemented.”

Tree growth never slows

Feb 23 2014/in News Coverage

Many foresters have long assumed that trees gradually lose their vigour as they mature, but a new analysis suggests that the larger a tree gets, the more kilos of carbon it puts on each year.

“The trees that are adding the most mass are the biggest ones, and that holds pretty much everywhere on Earth that we looked,” says Nathan Stephenson, an ecologist at the US Geological Survey in Three Rivers, California, and the first author of the study, which appears today in Nature. “Trees have the equivalent of an adolescent growth spurt, but it just keeps going.”

The scientific literature is chock-full of studies that focus on forests' initial growth and their gradual move towards a plateau in the amount of carbon they store as they reach maturity. Researchers have also documented a reduction in growth at the level of individual leaves in older trees.

In their study, Stephenson and his colleagues analysed reams of data on 673,046 trees from 403 species in monitored forest plots, in both tropical and temperate areas around the world. They found that the largest trees gained the most mass each year in 97% of the species, capitalizing on their additional leaves and adding ever more girth high in the sky.

Although they relied mostly on existing data, the team calculated growth rates at the level of the individual trees, whereas earlier studies had typically looked at the overall carbon stored in a plot.

Estimating absolute growth for any tree remains problematic, in part because researchers typically take measurements at a person's height and have to extrapolate the growth rate higher up. But the researchers' calculations consistently showed that larger trees added the most mass. In one old-growth forest plot in the western United States, for instance, trees larger than 100 centimetres in diameter comprised just 6% of trees, but accounted for 33% of the growth.

The findings build on a detailed case study published in 2010, which showed similar growth trends for two of the world’s tallest trees — the coast redwood (Sequoia sempervirens) and the eucalyptus (Eucalyptus regnans), both of which can grow well past 100 metres in height. In that study, researchers climbed, and took detailed measurements of, branches and limbs throughout the canopy to calculate overall tree growth. Stephen Sillett, a botanist at Humboldt State University in Arcata, California, who led the 2010 study, says that the latest analysis confirms that his group’s basic findings apply to almost all trees.

Decline in efficiency

The results are consistent with the known reduction in growth at the leaf level as trees age. Although individual leaves may be less efficient, older trees have more of them. And in older forests, fewer large trees dominate growth trends until they are eventually brought down by a combination of fungi, fires, wind and gravity; the rate of carbon accumulation depends on how fast old forests turn over.

“It’s the geometric reality of tree growth: bigger trees have more leaves, and they have more surface across which wood is deposited,” Sillett says. “The idea that older forests are decadent — it’s really just a myth.”

The findings help to resolve some of these contradictions, says Maurizio Mencuccini, a forest ecologist at the University of Edinburgh, UK. The younger trees may grow faster on a relative scale, he says, meaning that they take less time to, say, double in size. ”But on an absolute scale, the old trees keep growing far more.”

The study has broad implications for forest management, whether in maximizing the yield of timber harvests or providing old-growth habitat and increasing carbon stocks. More broadly, the research could help scientists to develop better models of how forests function and their role in regulating the climate.

Kwakiutl protest logging

Feb 23 2014/in News Coverage

Port Hardy – With the blessing of the Kwakiutl Hereditary Chief, the Kwakiutl Indian Band held a peaceful protest last Thursday, January 9, at an Island Timberlands logging operations in Port Hardy.

Band members carried signs proclaiming the area as Kwakiutl traditional territory and gathered at the entrance of the site. Fallers in the area reportedly ceased operations and left the site, as the protestors drummed and sang.

In a release, the band said that, “This logging is symptomatic of the long-standing disregard by Canada and B.C. to act honourably to meet their commitments and obligations of the ‘Treaty of 1851’.”

A B.C. Supreme Court decision on June 17, 2013, upheld the Kwakiutl’s Douglas Treaty and “encouraged and challenged” both the federal and provincial governments to begin honourable negotiations with the First Nation “without any further litigation, expense or delay.”

Band representatives explained that logging operation along Byng Road is in the area of a cultural use trail and said they had not been consulted before falling began in the area.

“The Kwakiutl people have never ceded, surrendered, or in any way relinquished aboriginal title and rights to our traditional territories,” explained the release.

“We continue to hold aboriginal title, and to exercise our rights in and interests in all of our traditional territories. Our aboriginal title and rights are recognized and protected by Section 35 of the Constitution Act, 1982, which recognizes our occupation of the territories before the assertion of British sovereignty and affirms our rights to the exclusive use and occupancy of the land and to choose what uses the land can be put to. These Constitutional Rights apply throughout our traditional territories.”

Economic Development Manager Casey Larochelle said that the continued failure of B.C. and Canada to recognize the unextinguished title and rights of the Kwakiutl reflected poorly on the ‘Honour of the Crown.’

Lands and Resources Coordinator Tom Child explained that current logging operations were taking place in a culturally sensitive area, including trapline sites and a medicinal plant harvest site in addition to the trail.

The representatives expressed frustration at the Crown’s minimization and “narrow legal interpretation” of the Douglas Treaty and the lack of meaningful consultation with the Kwakiutl.

“Canada and B.C. need to consult in good faith with the Kwakiutl to create a new course for comprehensive implementation of the Treaty of 1851,” said the release. “Rather than simply being an archaic document with narrow legal interpretation, this treaty should be seen as a living document to guide how the Kwakiutl and the new settlers to this land co-exist. There is a shared history and a future that will continue to bind ‘all peoples’ together.”

See more: https://issuu.com/blackpress/docs/i20140116100029732/1?e=1205826%2F6374208

2025 Activity Report & Financials

Apr 30 2026

2025 was a milestone year for the Ancient Forest Alliance and the old-growth campaign. Despite the BC government's backsliding on many of its old-growth commitments, there was still much work to be proud of, including celebrating our 15th year working to protect ancient forests. Check out our 2025 Activity Report & Financials to see the impact YOU made on 2025, plus, find out what we have in store for 2026!

Announcements