FORESTRY - Protection of the Environment – Kalesnikoff Lumber Co. Ltd. v. Government of British Columbia - August 2006

by Larry Nelson and Lisa Sulek (Summer Student), Vancouver of Fasken Martineau

This bulletin summarizes the recent decision of the Forest Appeals Commission (the “Commission”) in two appeals by Kalesnikoff Lumber Co. Ltd. (“Kalesnikoff”) from determinations that it contravened the Forest Practices Code of British Columbia Act (the “Code”) and the Forest Road Regulation (the “FRR”).1 The contraventions in question relate to four landslides on one of Kalesnikoff’s forest roads. The Commission allowed Kalesnikoff’s appeals, finding that Kalesnikoff did not contravene the Code or the FRR. More Info...

NATIVE ISSUES - Court orders crown to consult First Nation before removing privately owned forest land from tree farm licence - Winter 2006

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...