UCLA Journal of Environmental Law and Policy

This Article examines the important role old growth forests play in mitigating climate change and argues there now exists both a social imperative and legal basis for our courts to recognize legal rights for these precious few remaining ancient ecosystems.

The Article is written from a unique perspective. Using as context first person accounts from one of the authors’ two months living in an old growth forest and the events leading to her arrest during the largest civil disobedience protest in the history of Canada, the Article examines the disconnect between the current state of the law and science-based concerns about climate change. The Article describes one land defender’s thoughts and feelings as she contemplates the ancient ecosystem she seeks to protect, learns from First Nations’ Elders and encounters the Royal Canadian Mounted Police forces and frustrated loggers. The authors then present a legal analysis that addresses the science of old growth forests’ crucial role in mitigating future climate change, considers failed international commitments to protect and restore these vital ecosystems and draws guidance from court decisions in other jurisdictions that have recognized legal rights for nature. The Article then builds on concepts from the ancient traditions and customs of First Nations, academic writings and concepts from Aboriginal rights and title litigation in Canada to present a rationale for Canadian courts to apply ecocentric-based principles in the future development of the law. Ultimately, the authors propose the recognition of “Ancient Forest Rights” to provide a voice for old growth forests in the courts of Canada.