This website discusses the increasing trend of public access being denied to natural areas in British Columbia. Our group argues that this trend is not only detrimental to individuals who are being denied access, but also has important consequences for environmental protection and human rights. Access to nature is important for people’s health, creativity and productivity, and a connection with nature is important for protecting the environment. We hope to provide a citizen’s guide to assist individuals in researching whether there is a legal right to access a particular area.
Caveat: Whose Laws are We Talking About?
This website only addresses colonial law: federal and provincial statutes and common law. It does not address the important rights of First Nations to exclude you from places pursuant to their own Indigenous legal orders, Aboriginal rights, Aboriginal title and treaty rights. First Nations rights under colonial law and Indigenous laws are beyond the scope of this Guide.
For convenience we use the common term “Crown Lands” to refer to lands over which the provincial and federal governments assert jurisdiction and management authority. However, those Crown landscapes in British Columbia are traditional territories subject to Indigenous legal orders and responsibilities held by First Nations and their members. The use and management of those lands as between First Nations and state governments is largely unresolved.
Before pursuing access to specific areas, particularly for organized or ongoing use, it is often expected that you seek permission from the First Nation who has responsibility for that area and provide appropriate compensation for that use.