Council of the Haida Nation EAGLE
Haida Gwaii
V0T 1M0 (ph) 604-536-6261 (fx) 604-536-6282
(250) 626-5252 fx (250) 626-3403 www.eaglelaw.org
For Immediate Release:
SUPREME COURT OF
The Supreme Court of Canada released its decision today in a case that the Haida Nation launched to protect the ancient old-growth forests of Haida Gwaii (the
The Supreme Court of Canada confirmed the Crown's duty, stating that "The Crown, acting honourably, cannot cavalierly run roughshod over Aboriginal interests... it must respect these potential, but yet unproven, interests... To unilaterally exploit a claimed resource during the process of proving and resolving the Aboriginal claim to that resource, may be to deprive the Aboriginal claimants of some or all of the benefit of the resource. That is not honourable." The Court also clarified that consultation is not mere process -- the Crown may have to change its proposed actions as a result of consultation.
The Court affirmed that, "In all its dealings with Aboriginal peoples, from the assertion of sovereignty to the resolution of claims and the implementation of treaties, the Crown must act honourably." "The Court has held that the Crown has a duty of honour, and now it will be our duty to hold them to that obligation," says Guujaaw. "This is the best chance for the well-being and sustainability of the land."
The Crown's duty engages at the strategic level. The Court held that "If consultation is to be meaningful, it must take place at the stage of granting or renewing Tree Farm Licences."
However, the Court overruled the aspect of the B.C. Court of Appeal decision regarding third parties, holding that private parties such as Weyerhaeuser do not have duties to consult or accommodate because the Province has the power to do justice. The Court states, however, that this "does not mean that they can never be liable to Aboriginal peoples." Guujaaw, President of the Haida Nation states that "We will be holding the Crown to their duties, and look forward to the Crown reclaiming their responsibilities that they have passed on to industry". The Province will need to reconsider their recent amendments to forestry legislation which divest Crown obligations regarding transfers and replacements of Tree Farm Licences and other substantive matters.
The Court instructed that strong Aboriginal rights claims may require "formal participation in the decision-making process, and provision of written reasons to show that Aboriginal concerns were considered and to reveal the impact they had on the decision."
The Haida will also continue with their efforts to develop understandings with the Crown and industry regarding the need to move towards long-term sustainable management of Haida Gwaii. The Haida will continue to work with local people, and work to implement the Haida Land Use Vision developed in the Joint Land-Use Planning process. In the long-term, the Haida remain open to good faith negotiations, but will also continue to pursue their case to establish Aboriginal Title and Rights to Haida Gwaii and the surrounding waters and to develop a model for long-term sustainability of Haida Gwaii.
For more information contact:
Guujaaw, President of the Haida Nation, at (604) 313-8250, or
Terri-Lynn Williams-Davidson, Executive Director, EAGLE at (604) 970-8878.
This litigation, as well as the Title case, is brought on behalf of the Council of the Haida Nation, by EAGLE, a not-for-profit charitable law organization dedicated to assisting Aboriginal Peoples with protecting the environment for future generations. We were assisted by Mandell Pinder and the Gowgaia Institute.