Wilderness & Outdoor Recreation: Incompatible Concepts?

By Glyn Bissix, Ph.D.

Acadia University.

Program Billing:

• This session challenges participants to consider the real impacts of Outdoor Recreation on Wilderness Environments and examine whether Outdoor Recreation is indeed compatible with attempts to preserve pristine environments in perpetuity. Using the Nova Scotia Wilderness Act as a guide, participants will role-play a management process that tries to mediate the various demands placed on the wilderness by legitimized interest groups.

Wilderness – A Definition:Nova Scotia Department of Natural Resources

(ND p.15)

• “ Wilderness is defined as an enduring natural area protected by legislation and of sufficient size to protect a pristine natural environment that supports physical and spiritual well-being. These areas have little or no persistent evidence of human intrusion, allowing natural processes to take place largely unaffected by human intervention”

Bill 24: An Act to Protect Wilderness Areas in Nova Scotia

-Nova Scotia Wilderness Areas

Protection Act (NSWAPA):An Impossible Act to Follow?

Wilderness Designation Worldwide

• As of 1990, the United States, Canada, Zimbabwe, South Africa, New Zealand, and Australia were the only countries that had a formal mechanism to protect wilderness (Hunt, D., & Johnson, C., 1995, p. 77).

Nova Scotia: Wilderness Preservation Act.

• On December 3rd. 1998, Nova Scotia adopted Bill 24: An Act to Protect Wilderness Areas, it was designed to protect 31 wilderness areas in the province.

• In order to understand the final wording of this legislation and the implications to: implementation, the national and international wilderness management framework, the political events that led up to the act, the influence of various major stakeholders must be considered.

Ratification of theNova Scotia Wilderness Act.

• The stated purpose of the Act was to: • "provide for the establishment, management,

protection, and use of wilderness areas, in perpetuity, for present and future generations" (Wilderness Act, 1998).

The Nova Scotia

Wilderness Preservation

Act.

Photo by: NSDE/MAASS

Cloud Lake, September 94

The Cloud Lake Wilderness

Photo by: Todd Keith,

Cloud Lake-N and access

October 1999

Photo by: NSDOE/MAASS

Frog Lake SW

September 1994

Photo by: NSDOE

Photo by: Todd Keith

Cloud Lake, October 1999

The Issue is:

• What ‘uses’ was it established to protect.

• and

• What ‘uses’ are appropriate so as to maintain wilderness values?

Legislative Implementation:

• There are many dynamic factors affecting policy implementation. As a result, the process is frequently uncertain and the outcome is difficult to predict.

• Hanning & Mangun argue, for example, that • “Although policy is largely based on legislation, it

usually involves broad, idealistic guidelines that are interpreted subjectively by the individual administrator” (1989).

• The Devil is in the Fine Print.

A Key Concern:

• A Minority Government with three roughly equal political parties in the legislature.

• Did a minority government have an adverse effect on future wilderness management?

The Wilderness Act:

• the Honourable Robbie Harrison argued that the NSWA legislation “passed through the house of assembly as smoothly as any [protected area legislation] in the country. In fact, it might well be considered a much smoother process than many others in Canada. While Nova Scotia passed its act through the legislature after only two tries, British Columbia withdrew theirs three times because it was so controversial” (personal communication, March 1, 1999).

The Million Dollar Question

• Did the fact that it “passed smoothly” mean that it was a political compromise, that largely made it’s implementation unworkable?

Exercise Goal:• To examine the impact of a minority government

on Wilderness Designation in Nova Scotia, and assess it future viability.

• Exercise Objectives:– To understand the political process leading to the

ratification of the Nova Scotia Wilderness Act.– To assess the impact of this process on the enacted

provisions of the Act.– To examine the provisions’ repercussions on legislative

enactment.– To begin assessing the Nova Scotia Wilderness Act’s

potential contribution to sustainable development.– To understand the meaning of “designated wilderness”

Procedures:

• Exercise Overview:• The Nova Scotia legislature has a minority

government; • 19 Liberal Party members who were the

government in power, • 18 New Democrat Party members who were the

official opposition, and • 14 Progressive Conservative Party members who

formed a third substantial voting block. • There was one independent MLA, formerly a New

Democrat.

Nova Scotia’s Minority Government:

• In 1848 Nova Scotia was the first overseas jurisdiction of the former British Empire to gain responsible government. Over the years a strong two-party tradition prevailed and the province had little experience with minority government although on a couple of occasions the Government had a very slim majority. The election of March 24, 1998 produced a legislature with 19 Liberals, 19 New Democrats and 14 Progressive Conservatives. This article looks at the political situation in Nova Scotia following the election. It also reviews the literature on minority government in general and concludes by suggesting that this minority situation may lead to a rebirth of interest in the art of responsible government in Nova Scotia.

• Stewart Hyson, Canadian Parliamentary Review • Volume 21 No. 4, 1998.

First Point to Ponder

• No legislation can be ratified by the legislature without two of the parties’ support—this is required to attain a majority vote in the Legislative Assembly.

• The government introduced this piece of legislation with considerable pressure from the World Wildlife Fund of Canada and Canadian Parks and Wilderness Society,

• and the two opposition parties have made it known that they support this just as long as the government accepts their suggestions for important amendments.

Second Point to Ponder

• There are three party whips, one for each major party. It is the party whips job to determine whether the party votes for passage of the Bill, and what amendments it should either support or reject. Remember the legislation cannot pass without at least two parties support, and any amendment should be accepted or opposed by at least two parties.

Third Point to Ponder

• There are several lobby groups at work, each attempting to influence the final legislative outcome. The various lobbyists attempt either to halt what they consider “destructive” amendments (if they support this bill), or encourage the legislature to adopt various amendments to reduce the impact of this legislation on their special interest, or to change the bill so that it suits their needs more (if they do not support the bill). They do this by lobbying the various party whips.

Fourth Point to Ponder

• Any Questions for clarification?

Your Job:

• You must try to influence the various party whips to ensure that your organization’s agenda is served by support or opposition to an amendment or the bill.

The Exercise:

Ratification of theNova Scotia Wilderness Act.

• The stated purpose of the Act was to: • "provide for the establishment, management,

protection, and use of wilderness areas, in perpetuity, for present and future generations" (Wilderness Act, 1998).

Section 2:

• 2 The purpose of this Act is to provide for the establishment, management, protection and use of wilderness areas, in perpetuity, for present and future generations, in order to achieve the following primary objectives:

Section 2: continued.• (a) maintain and restore the integrity of natural processes

and biodiversity;

• (b) protect representative examples of natural landscapes and ecosystems;

• (c) protect outstanding, unique, rare and vulnerable natural features and phenomena, and the following secondary objectives:

• (d) provide reference points for determining the effects of human activity on the natural environment;

• (e) protect and provide opportunities for scientific research, environmental education and wilderness recreation; and

• (f) promote public consultation and community stewardship in the establishment and management of wilderness areas, while providing opportunities for public access for sport fishing and traditional patterns of hunting and trapping.

39 (1) The Governor in Council may make regulations• (a) respecting the erection, development, operation, maintenance, use or licensing

of structures or facilities or the type of construction, location or cost of structures or facilities within a wilderness area;

• (b) respecting the posting, erection or other display of notices, plaques, markers, signs or other devices in a wilderness area;

• (c) for the classification or zoning of wilderness areas and the uses to which each classification or zone may be put;

• (d) controlling, licensing, regulating, restricting or prohibiting any entry, use, activity, development or occupation of the land or of any of the natural features, phenomena or processes in a wilderness area;

• (e) regulating, restricting or prohibiting modes of travel in or through a wilderness area;

• (f) respecting any activity undertaken in accordance with a mineral right or other interest held before the coming into force of this Act;

• (g) respecting any matter necessary or advisable for the administration of a system of administrative penalties;

• (h) respecting information or documents required to be included in the environmental registry;

• (i) defining a word or expression used, but not defined, in this Act or further defining a word or expression used in this Act;

• (j) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.