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B.C. court halts forest licence transfer over Crown honour concerns
Summary
A judge set aside the province's approval of the Skeena forest licence transfer after finding the government failed to uphold the 'honour of the Crown' toward the Gitanyow; the court ordered the province to reconsider the transfer with deeper consultation.
Content
A B.C. judge found the provincial government did not uphold the "honour of the Crown" when it approved the transfer of the Skeena forest licence to a company owned by the Kitsumkalum. The transfer followed Skeena Sawmills' bankruptcy and was contested by Gitanyow hereditary chiefs, who say they hold Aboriginal harvesting rights in much of the licence area. The court ruled the minister acted prematurely and directed the province to reconsider the approval with proper consultation.
Key facts:
- The dispute concerns the transfer of the Skeena forest licence, approved by the province on Dec. 4, 2024, to a Kitsumkalum-owned company after Skeena Sawmills entered bankruptcy.
- The Gitanyow opposed the transfer, saying it would interfere with their asserted Aboriginal rights and with a separate 2022 reconciliation agreement and stewardship plans.
- Justice Matthew Kirchner found the government relied on hope rather than binding protections, set aside the minister's approval, and ordered the province to reconsider the transfer while properly consulting the Gitanyow.
Summary:
The court's decision requires the province to revisit its approval and engage in deeper consultation with the Gitanyow, preserving the need for further process before any transfer proceeds. The judge did not permanently void the licence transfer but set aside the minister's decision and directed a reconsideration that addresses the concerns raised by the Gitanyow.
