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Members of the media are invited to attend an important event with the Honourable Denis Lebel, timberland womens roll top boots,
  Minister of Infrastructure, Communities and Intergovernmental Affairs and Minister of the Economic Development Agency of Canada for the Regions of Quebec,cheap timberland boots the Honourable Rob Moore, Regional Minister for New Brunswick and Minister of State (ACOA), and Ms. Jo-Anne Farquhar, President of the National Trails Coalition.

The petitioners are an Aboriginal First Nation (“Hupacasath” or “HFN”) and its Chief Councillor.  They obtained an Order of this Court in2005requiring the provincial Crown (Minister of Forests) to consult with them regarding Crown decisions affecting their asserted traditional territory on Vancouver Island, and imposing certain conditions for a two year period on the use of some land within that asserted territory owned by Island Timberlands LP.  The petitioners ask the Court to direct that an independent mediator be appointed to assist with further consultation and accommodation between the petitioners and the respondent Minister of Forests and Range (“MOFR” or “the Minister”).  They also seek anorder re-imposing conditions on the use of the Island Timberlands lands for a six month period.  timberland boots roll top mens,The lands (which I will refer to as the“Removed Lands”) were formerly managed underTree Farm Licence 44 (“TFL 44”) but re released from TFL 44 by decision of the Minister in 2004 (the “Removal Decision”).  Finally, the petitioners ask for costs.  Both the Minister and Island Timberlands oppose the granting of any relief.


The petitioners express concern that the Removed Lands, forming part of their asserted traditional territory and previously in TFL 44, will be developed and sold to others, or will be used for timber operations, in a way which will seriously affect their aboriginal rights.  Island Timberlands does not deny that itmay at some time in the future develop the Removed Lands for “higher and better use” and cease to use them for forestry.  Nor is it disputed that forestry practices on private lands are regulated in a different and considerably more forgiving way than they are regulated under Tree Farm Licences.  Mr. Grant, counsel for the petitioners, referred on several occasions to the petitioners’ fear that much of their traditional territory will become “cottage country”, with the Hupacasath losing forever the access they have had tosacredplaces,to wildlife and fish, and to materials including cedar that they use as part of their traditional way of life.  timberland black chukka boots,
As well the petitioners express concern about forest management practices that may reduce the wildlife habitat available on the Removed Lands, and may also affect the availability of wildlife on adjacent Crown lands which form part of the HFN asserted traditional territory.

The Crown, on the other hand, says that it has complied with the previous Order, that it is involved with the petitioner in treatynegotiationsandongoing discussions about other issues, and that there is no basis for a further order directing it to consult with the petitioners or requiring the appointment of a mediator.  Both the Crown and Island Timberlands argue that, since the lands in question have long been privately owned, whatever aboriginal rights pertain to those lands are weak; accordingly, while there may be a duty to consult at a low level,there is no duty to accommodate.  Both respondents argue that the Court lacks jurisdiction to re-impose conditions on the use of the Removed Lands.  Island Timberlands submits that any further order restricting it in the use of its lands would be unprecedented and inconsistent with the system of land tenure in this province.


The petitioners also argue that the financial interest of British Columbia Investment Management Corporation (an entity controlled by the Crown)in Island Timberlands LP is a matter that should have been disclosed and that bears on the issues raised by this application. I note one procedural matter: by consent of all parties the style of cause in this matter has been amended to add Island Timberlands LP as a party in place of Brascan Corporation.

The petitioners’ original application was heard July 11,In it, the petitioners sought judicial review,
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  alleging that the provincial Crown(Minister of Forests and the Chief Forester) had been in breach of its constitutional duty to consult with them regarding the Crown’s decisions (a) to permit removal of lands owned by the respondent (then Brascan, now Island Timberlands LP) from TFL 44, and (b) to amend the allowable annual cut for TFL 44.  The petitioners also alleged that the Crown had acted inconsistently with relevant statutes.  They sought orders quashing or suspending those two decisions and referring the matter for reconsideration after there had been consultation and compliance with the statutes.

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