Swan Valley Memorandum of Understanding
Prepared by Prospectus Associates
On June 28th, Manitoba Premier Wab Kinew and Economic Development Minister Jamie Moses announced that a Memorandum of Understanding (MoU) had been signed with three First Nations enabling Louisiana-Pacific to operate for another five years.
As the Manitoba government press release stated, “During this time, Louisiana-Pacific, local First Nations and the Manitoba government will work together to create a 20-year forest management plan that meets the needs of both parties. This act of economic reconciliation is good for the economy, Indigenous Peoples and working-class Manitobans, the premier noted.” (Read news release)
This announcement is expected to bring stability after several years of uncertainty. Louisiana-Pacific has been harvesting timber in Duck Mountain Provincial Park since 1994, with a licensing agreement that has been extended several times.
As CBC noted, “In January 2022, Minegoziibe Anishinabe filed a lawsuit against the province, claiming it breached its constitutional duty to consult them about the logging operations in their traditional lands. The lawsuit also named Louisiana-Pacific and sought an order to terminate the most recent one-year extension. Manitoba is constitutionally obligated to consult First Nations and provide a forest management plan before each new licence extension is issued, but that did not happen, the court documents said.” (Read full article on CBC.com)
In 2006, a ten-year forestry management plan expired, with the company receiving several extensions of its license.
Lawsuits had been filed by First Nations against the Province of Manitoba, citing a failure to undertake consultations, back in 2022. “The members of Minegoziibe Anishinabe and Wuskwi Sipihk First Nation are challenging the extension of Louisiana Pacific’s Forest Management Licence on the ground that Manitoba violated Section 35(1) of the Constitution Act, 1982 by failing to fulfill the duty to consult prior to authorizing conduct which may adversely affect Treaty rights.” (Details of the lawsuit on legalaid.mb.ca)
In signing the MOU, Chief Elwood Zastre, Wuskwi Sipihk First Nation on behalf of the three First Nations signatories, noted the following: “Today marks the first time that the Manitoba government has agreed to move forward collaboratively with First Nations in this province to support immediate and long-term measures to protect treaty rights in commercial forestry licensing agreements. It further shows a willingness to engage in joint decision-making about forest stewardship in our traditional homelands.” (View the news conference)
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