Decision Date: May 2, 1994

Panel:  Linda Michaluk, F.J. Scott Hall, Vicky Huntington

The Ministry of Forests obtained seven Pesticide Use Permits allowing the use of a pesticide, VISION, in forest brushing and weeding. Although the pesticides were to be used on the traditional territory of native Canadians represented by the Treaty 8 Tribal Association, the Ministry obtained the permits without waiting for the Tribal Association to give them information about the lands. The Tribal Association appealed the permits. According to the evidence, the pesticide would affect medicinal and food plants traditionally used by the members of the Tribal Association. Also, it was found that fur-bearing animals were unable to use a site for a period after the spraying.

The Board considered the treaty which the tribes of the area had signed, and from which the Tribal Association takes its name, Treaty no. 8. The treaty indicates a special concern that the traditional native lifestyle be protected. This clear intent, along with recent court rulings on aboriginal rights, give the government an obligation to consult with the Treaty 8 Tribal Association on land use decisions. The Board decided that in order to obtain enough information to decide if the Pesticide Use Permits should be issued, the Ministry of Forests should have spent more effort consulting the Tribal Association. The permits were cancelled.