The B.C. Supreme Court has invalidated a decision by the Forests Ministry to greenlight the transfer of a forest license in the territory of the Gitanyow First Nation due to a failure to fulfill the duty to consult with the nation.
The Gitanyow First Nation, with lands spanning approximately 6,200 square kilometers in northwest B.C., sought to purchase a forestry license within its ancestral lands following the bankruptcy of the previous license holder in 2023.
Instead of granting the license to the Gitanyow, the province approved the transfer to the commercial arm of the neighboring Kitsumkalum First Nation, which does not share territorial boundaries with the Gitanyow in this specific case.
Justice Matthew Kirchner of the B.C. Supreme Court ruled that the license transfer occurred without adequate consultation with the Gitanyow, emphasizing that the province had failed in its obligation to engage with and potentially accommodate the concerns of the Gitanyow.
The court highlighted that the province neglected to address a series of concerns raised by the Gitanyow legal counsel in a letter due to an error in the recipient’s email address. Additionally, it was found that communications logs from Kitsumkalum to the province were not shared with the Gitanyow as promised.
Following the successful legal challenge by the Gitanyow, the forest license transfer has been annulled, requiring the Ministry to reevaluate the issue and engage in further consultations with the Gitanyow.
Joel Starlund, the executive director of the Gitanyow Hereditary Chiefs’ office, expressed satisfaction with the court’s ruling, noting that discussions with Kitsumkalum included a potential arrangement where Kitsumkalum could harvest timber under Gitanyow oversight.
The Forests Ministry spokesperson stated that they respect the court’s decision and refrained from commenting further as the matter is under review.