Lightening the land: Restoring balance and the case for Indigenous fire management

Law360 Canada (October 16, 2024, 2:57 PM EDT) --

Nick Leeson

Alexys Santos

Canada faces an escalating wildfire crisis. Year after year, uncontrolled flames consume vast landscapes and jeopardize the livelihoods of countless people and their communities. In 2023, 2.84 million hectares of forest and land burned in British Columbia alone — the worst in the province’s recorded history. This growing threat stands in stark contrast to the period before colonial disruption when Indigenous peoples expertly managed the land through cultural burning. These deliberate, small-scale fires effectively cleared underbrush, nurtured biodiversity and ultimately fortified ecosystems against larger, more destructive wildfires. 

In this context, fire was not an enemy to be feared but an effective stewardship tool. Indeed, the Tsilhqot’in word for fire translates to “lightening the load off the land.” Yet, as colonialism tightened its grip over the nation, cultural burning was not only disrupted but systematically dismantled, severing a relationship with fire that had successfully sustained the ecosystem for thousands of years. Worse still, studies predict a dramatic increase in forest fires for First Nation communities by the end of the 21st century, with major consequences such as structural and cultural losses, land alterations and inherent social disruption. 

As we stand at the intersection of our dark past and daunting future, it is time to reconsider our fire management strategy and recognize that Indigenous knowledge is key to avoiding a worsening fire crisis.

Historical disruption: From Indigenous cultural burns to colonial fire suppression

The arrival of European settlers to North America marked a radical shift in land management practices. Rather than understanding fire as a tool to maintain ecological balance, settlers viewed it as a destructive force, fearing its potential to destroy timber supplies and threaten expanding settlements. This led to the criminalization of Indigenous burning practices, such as through the Bush Fire Act of 1874, stripping Indigenous groups of their fire stewardship rights through fines and intimidation. 

Moreover, annuities promised to Indigenous communities were withheld as a punishment for burning, and rewards were issued for tips on cultural burns, resulting in several convictions. Decades of fire suppression followed, causing an accumulation of flammable materials prone to ignite quickly and violently. Rather than reconsider these policies, Crown governments doubled down. For instance, the Ministry of Forests Act of 1912 declared that controlling fires and keeping them out of forests was the “supreme need” of the government. Budgets were allocated to building infrastructure, equipment and systems focused solely on fire detection and suppression, neglecting the negative long-term ecological impacts.

By the 1970s, the mounting wildfire risk showed that suppression strategies were inadequate. Fire was eventually reintroduced as a management tool through prescribed burning: an intentionally lit fire used to reduce fire hazards by decreasing fuel loads. While prescribed burning is valuable, its narrow focus on risk reduction fails to capture the broader ecological, cultural and spiritual dimensions inherent to cultural burning. As wildfires continue to grow more catastrophic each year, it is clear that a more holistic approach rooted in Indigenous stewardship is necessary.

Fighting fire with fire: Australia’s revival of Indigenous-led fire management

Australia’s recent revival of Indigenous fire management provides valuable insights for integrating similar practices across Canada. Over the past two decades, an Indigenous-led movement for the reintroduction of cultural burning has grown steadily, its importance amplified by the cataclysmic wildfires of 2019-20. Dozens of decentralized, collaborative efforts between Indigenous peoples and state land and fire agencies have emerged, reducing wildfire risk and improving land health across Australia.

As of 2021, 32 Indigenous-owned and operated savanna fire projects are underway across 17.9 million hectares. Cultural burning programs in Australia have cut the frequency of destructive wildfires in half and reduced greenhouse gas emissions from fires in the northern part of the country by 40 per cent.  The Kimberley Land Council’s fire management program alone has led to a 42 per cent decrease in fire frequency and fewer biodiversity-declining late-season fires. 

These programs help bridge historical divides between Indigenous and non-Indigenous peoples. Joe Morrison, a pioneer of fire-prevention initiatives in northern Australia, noted: “Aboriginal peoples who have been through very difficult times are seeing their language, customs and traditional knowledge being reinvigorated and celebrated using Western science.” By embracing and re-integrating Indigenous knowledge, Canada can similarly forge new pathways in intercultural land management.

Barriers to Indigenous-led fire stewardship in Canada

To integrate Indigenous-led fire stewardship into contemporary wildfire management, Indigenous knowledge must be recognized and respected as a time-tested and deeply rooted practice that has sustainably managed lands for millennia. While showing promise, the current landscape of intercultural fire management continues to face bureaucratic obstacles. For example, Indigenous nations wishing to conduct burns on “Crown land” are often required to submit prescriptive burn plans entrenched in colonial regulatory frameworks that prioritize fire suppression, escape and liability over the holistic, long-term ecological benefits of cultural burning. 

Nevertheless, progress is being made. In 2017, the Tsilhqot’in Nation made history by exercising its governance during a wildfire emergency. Despite evacuation orders, they stayed and successfully defended the homes of 250 Yunesit’in community members from the fire.  This prompted the creation of the Collaborative Emergency Agreement between federal, provincial and Tsilhqot’in governments to improve emergency management. 

Another successful example occurred during the 2023 wildfire season when the K’ahsho Got’ıne Foundation guardians in Fort Good Hope, N.W.T., stepped up during a critical time. Their preparedness and resilience allowed them to join firefighting efforts, evacuate their community and help protect their land. Such examples prove that Indigenous leadership in fire management is not just a theoretical solution but an effective, tangible approach to safeguarding communities.

In addition to being an effective strategy, Indigenous fire guardianship is a cost-effective solution. The cost to train and equip one Indigenous guardian is just $7,000, compared to the $23,000 spent per retardant drop by aerial firefighting planes. These programs, by leveraging local expertise and land knowledge, not only reduce fire suppression costs but also strengthen community resilience in the face of increasing climate-driven wildfires.

Vision for the future: Embracing Indigenous knowledge

Canada must now act by investing in and expanding Indigenous fire guardian programs. These programs offer immediate, effective solutions for wildfire management, blending traditional knowledge with modern science to create a sustainable future for land stewardship.

Indigenous peoples hold profound and evolving knowledge of land and fire management. Re-imagining our current wildfire strategies demands that governments at all levels recognize and respect this expertise, incorporating it into contemporary practices. This is not just about legal reform or closing the funding gap; it is about embracing a future where Indigenous knowledge leads the way in protecting and healing the land. Moreover, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirms Indigenous peoples’ right to manage their traditional lands and resources, including cultural practices like fire stewardship. Aligning with UNDRIP’s rights offers Canada a way to open new, positive paths for Crown-Indigenous relations and intercultural land management. 

To move forward, we must shift from long-held and outdated colonial mindsets and embrace fire as Indigenous peoples have for millennia: as a force for renewal, not destruction. The time to act is now — before future crises deepen. Reintegration and revitalization of Indigenous fire stewardship are essential for building societal resilience in the face of climate impacts, not only for the environment but for all who depend on this land.
 
Nick Leeson is senior counsel with Woodward LLP. His practice is based out of British Columbia, where he practises law for Woodward across Canada, representing Indigenous clients and interests from coast to coast to coast.

Alexys Santos is a newly called lawyer practicing out of British Columbia. With a background in employment law, she is now shifting focus to represent and support Indigenous communities in legal matters across the province.   

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.   

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