Carbon offsets and First Nations in British Columbia

Abstract

A comparison of pre-Treaty and post-Treaty land title and authority for First Nations pursuing carbon offsets in British Columbia will be filtered through three themes: property rights, shared decision-making and forest governance. The Indian Act (1876) has unclear jurisdiction for pursuing carbon offsets. The Haida Reconciliation Protocol-Kunst'aa guu- Kunst'aayah (2009), Coastal First Nations Reconciliation Protocol (2010) and Nanwakolas First Nations Reconciliation Protocol (2011) address this grey area and achieve protocols that provide certainty for carbon rights. Nisga'a, Tsawwassen, Maa-nulth and Sliammon treaties do not include carbon rights but have the power to instill a carbon project.