by Stephanie Lysyk (Vancouver Office)of Borden Ladner Gervais
In Hupacasath First Nation v. British Columbia (Minister of Forests), released in December 2005, the British Columbia Supreme Court held that the Provincial Crown owed, and failed to meet, a duty to consult and to accommodate the Hupacasath First Nation when removing 70,000 hectares of privately held forest land from Tree Farm Licence 44 (“TFL 44”). Based on this decision, the Crown can now be found to have a duty to consult and accommodate First Nations with respect to activities on privately owned lands. This finding may have far reaching implications and will likely be of concern to private land owners. More Info...
