By Michelle Bradley, Jack Jones & Nick Noble
Overview
The Province of British Columbia has signed agreements with seven Treaty No. 8 First Nations to fund ecological restoration projects in their territories (the “Restoration Agreements”).[1] The Restoration Agreements provide a total of $283 million of funding over ten years to support projects that will restore and enhance the ecosystem and cultures of the Treaty No. 8 First Nations, including wetland and fish habitat restoration, species-at-risk recovery, restoration of historic industrial sites (where no legal obligations exist), promotion of cultural land-management practices and language revitalization.[2]
Background – Yahey v. British Columbia, 2021 BCSC 1287
The Restoration Agreements follow the court decision in Yahey v. British Columbia, 2021 BCSC 1287. In Yahey, the Supreme Court of British Columbia found that in causing and/or permitting the cumulative impacts of industrial development on Blueberry River First Nations’ (“BRFN”) treaty rights, the Province of British Columbia had breached its obligation to BRFN under Treaty No. 8 and unjustifiably infringed BRFN’s rights under Treaty No. 8.[3] Cumulative impacts refer to the combined effects that multiple industrial projects have as a whole, rather than just considering project effects one-by-one. The Court found that the cumulative impacts of the industrial development had meaningfully diminished the ability of Blueberry members to exercise their rights to hunt, fish and trap in their territory as part of their way of life.[4] Further, the Court found that the Province’s mechanisms for assessing and taking into account cumulative effects were lacking and contributed to the breach of its obligations under Treaty No. 8.[5] This is a groundbreaking decision, which affirmed that the promises in Treaty No. 8 must be respected by the Crown.
Implementation Agreement and Consensus Agreements
Following the Court decision in Yahey, BRFN and the Province of British Columbia entered into negotiations, which resulted in an implementation agreement being signed on January 18, 2023 (the “Implementation Agreement”).[6] The Implementation Agreement sets out a path for BRFN and the Province to initiate a new approach to resource management and the protection of treaty rights in BRFN’s territory.[7] As the cumulative impacts in the northeast of British Columbia also effected other Treaty No. 8 First Nations, including Fort Nelson, Saulteau, Halfway River and Doig River First Nations, they also reached consensus agreements with the Province on resource management to build a path forward that meets the Crown’s obligations to uphold the constitutionally protected rights of Treaty No. 8 First Nations, restores the environment and supports responsible resource development and economic activity in the northeast.[8] Notably, there are several fiscal components to each of the agreements, including revenue sharing, capacity funding and a significant restoration fund.[9] Finally, the Treaty No. 8 First Nations and the Province have formed a stewardship forum to provide a venue to collaborate on restoration planning and tracking.
Restoring First Nations’ Territories for the Practice of Rights
The Restoration Agreements will fund projects that are focused on healing the land and healing the people.[10] The restoration projects will be developed by the individual Treaty No. 8 First Nations and reflect each Nation’s unique priorities and values.[11] The First Nations will collaborate with the Province and other First Nations on the restoration projects. This collaborative approach is a hopeful step towards restoring the meaningful practice of rights and relationships following the degradation of both by the Province’s causing and/or permitting of the cumulative impacts of industrial development contrary to the promises in Treaty No. 8.
Conclusion
As noted by the Court in Yahey, the “promises contained in Treaty 8 have become harder to keep as time has gone on”.[12] Collaborative resource management and restoration agreements provide First Nations and the Crown with tools to work together to protect the meaningful exercise of constitutionally protected rights.
Indigenous governments who are looking to explore their options to address cumulative impacts in their territories and protect the meaningful practice of their rights are encouraged to reach out to us. We have lawyers with experience in addressing cumulative impacts on behalf of Indigenous governments, including Michelle Bradley and Eamon Murphy.
[1] Province of British Columbia News Release dated May 1, 2026 – B.C., Treaty 8 First Nations build new partnerships to advance restoration, available at https://news.gov.bc.ca/releases/2026ECS0011-000494
[2] Province of British Columbia News Release dated May 1, 2026 – B.C., Treaty 8 First Nations build new partnerships to advance restoration, available at https://news.gov.bc.ca/releases/2026ECS0011-000494
[3] Yahey, paras. 1884, 1888.
[4] Yahey, paras. 1884, 1888.
[5] Yahey, paras. 1884, 1888.
[6] Blueberry River First Nations Implementation Agreement, available at https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/agreements/blueberry_river_implementation_agreement.pdf
[7] Blueberry River First Nations Implementation Agreement, available at https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/agreements/blueberry_river_implementation_agreement.pdf
[8] Province of British Columbia News Release dated January 20, 2023 – B.C., Treaty 8 First Nations build path forward together, available at https://news.gov.bc.ca/releases/2023PREM0005-000060
[9] Province of British Columbia News Release dated January 20, 2023 – B.C., Treaty 8 First Nations build path forward together, available at https://news.gov.bc.ca/releases/2023PREM0005-000060; see also Blueberry River First Nations Implementation Agreement.
[10] Province of British Columbia News Release dated May 1, 2026 – B.C., Treaty 8 First Nations build new partnerships to advance restoration, available at https://news.gov.bc.ca/releases/2026ECS0011-000494
[11] Province of British Columbia News Release dated May 1, 2026 – B.C., Treaty 8 First Nations build new partnerships to advance restoration, available at https://news.gov.bc.ca/releases/2026ECS0011-000494
[12] Yahey, para. 3.