Rock, Paper, Protest: The Fight for the Boreal Forest

• Author: Sally Gunz,Linda Whittaker
• Date: 01 July 2016
• DOI: http://doi.org/10.1111/jlse.12050
• Published date: 01 July 2016

Journal of Legal Studies Education

Volume 33, Issue 2, 317–360, Summer 2016

Rock, Paper, Protest: The Fight

for the Boreal Forest

Sally Gunz∗and Linda Whittaker∗∗

I. INTRODUCTION

Canada’s boreal forests are second only to the Amazon in producing life-

giving oxygen and providing a habitat for thousands of species, from the

large woodland caribou to the smallest organisms.1The boreal forests are

the lifeblood of many Aboriginal communities and the thousands of work-

ers, Aboriginal and non-Aboriginal, who harvest and process pulp, paper,

and other lumber products. All depend on the forest for their livelihood,

their lifestyle, and the survival of their communities. Many groups, including

environmentalists, multinational lumber companies, First Nations,2and gov-

ernments, have competing interests in the boreal forest. These groups make

agreements, break agreements, lobby governments, make accusations, carry

out protests, and launch lawsuits, all in order to influence and gain control

of this precious resource.

∗Professor of Business Law and Professional Ethics, School of Accounting and Finance, Univer-

sity of Waterloo.

∗∗PhD Candidate in Accounting, School of Accounting and Finance, University of Waterloo.

1Fast Facts: Canada’s Boreal Forests,PEW CHARITABLE TRS. (Jan. 19, 2016), http://www.

pewtrusts.org/en/research-and-analysis/analysis/2015/03/19/fast-facts-canadas-boreal-forest.

2Indigenous and Northern Affairs Canada: First Nations People in Canada,INDIGENOUS AND

N. AFF.CAN., https://www.aadnc-aandc.gc.ca/eng/1303134042666/1303134337338 (last modi-

fied Mar. 13, 2014). The term describes people who are the “descendants of the original inhabi-

tants of Canada who lived here for many thousands of years before explorers arrived from Europe

...[and]...FirstNationspeopleidentifythemselvesbythenationtowhichtheybelong,for

example, Mohawk, Cree, Oneida, and so on.” In contrast, the term “Aboriginal” covers not only

First Nations but also Inuit and M´

etis peoples.

C2016 The Authors

Journal of Legal Studies Education C2016 Academy of Legal Studies in Business

317

318 Vol. 33 / The Journal of Legal Studies Education

In 2010, key players with interests in the boreal forest formed the Boreal

Forest Agreement3with the very specific goals of protecting the forest and

its ecosystem, and ending conflict between the forestry industry and environ-

mentalists. This case explores what has happened since. It focuses on the

conflict between Resolute Forest Products and Greenpeace International, in-

cluding boycotts, accusations, retractions, alliances, misrepresentations, law-

suits, and countersuits.

In this case you will learn about the resources that are under dispute,

the key players involved, and the agreement that was designed to avoid future

conflicts. The conflicts between Greenpeace and Resolute, and the strategies

each one has chosen to adopt, play a central role. These events are of direct

relevance anywhere the resource sector interacts with those whose goal it is

to protect the environment. They give rise to questions such as the following:

Was this ongoing battle preventable? Can resource industries effectively co-

exist with environmentalists? Who has the right to speak for resources? What

are the bounds of ethical strategy in pushing forward a case, whether it is that

of environmentalist or industry?

II. THE RESOURCES UNDER DISPUTE:THE BOREAL

FOREST

Canadian forests represent about twenty-five percent of the last remaining

large, intact, forest ecosystems in the world.4Recent forestry studies suggest

Canadian forests are degrading at an alarming rate, threatening endangered

species, reducing the forests’ ability to regulate air and water cycles as well as

its ability to store carbon to slow and prevent carbon change.5The boreal for-

est is the vast woodland that covers much of Northern Canada and accounts

for almost a third of the Canadian landmass and three-quarters of its forests

(see Figure 1).6

3THE CANADIAN BOREAL FOREST AGREEMENT (May 2010), http://cbfa-efbc.ca/agreement/.

4Fast Facts: Canada’s Boreal Forests,supra note 1.

5Emily Chung, Canada’s Degradation of Pristine, Intact Forests Leads World: Researchers Sug-

gest Oil and Gas Industry Plays a Big Role,CBCN

EWS (Sept. 5, 2014), http://www.cbc.ca/

news/technology/canada-s-degradation-of-pristine-intact-forests-leads-world-1.2757138.

6Boreal Forests,NAT.RES.CAN., http://www.nrcan.gc.ca/forests/boreal/13071 (last modified

Mar. 11, 2016).

2016 / The Fight for the Boreal Forest 319

Figure 1: Map of the Boreal Forest

Reproduced with permission from Natural Resources Canada,C

AN.FOREST SERV.,

http://www.nrcan.gc.ca/forests/boreal/13071 (last visited June 7, 2016).

Canadian forests are mainly (ninety percent)7publicly owned and man-

aged by the provincial or territorial governments. Provincial governments

regulate conservation and management of forests within their jurisdiction.

The federal government authority arises where the forests affect the national

economy and trade, and its legal responsibilities for Aboriginal peoples.8Cut-

ting of wood is generally allowed through a system of provincial or territorial

licenses or permits. Overlaying these provisions is a complex set of treaties,

agreements, and unresolved claims between the various governments, First

Nations communities,9and other interested parties.

7Forest Land Ownership,NAT.RES.CAN., http://www.nrcan.gc.ca/forests/canada/ownership/

17495 (last modified Mar. 11, 2016). The balance is owned by the federal government (two

percent), Aboriginal peoples (two percent), or individual private owners (six percent). Id.

8Id.

9For a brief explanation of land claims in Canada, see Gretchen Albers, Aboriginal Land

Claims,H

ISTORICA CAN., http://www.thecanadianencyclopedia.ca/en/article/land-claims (last

modified Apr. 20, 2015). For an indication of the complexity and length of time of

such claims, see the description of current claims in Ontario: Current Land Claims,O

NT.,

https://www.ontario.ca/aboriginal/current-land-claims (last modified Oct. 9, 2015). The