Haida Nation v. British Columbia (Minister of Forests)

[2004] 3 S.C.R. 511, 2004 SCC 73 (2004)

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Haida Nation v. British Columbia (Minister of Forests)

Canada Supreme Court
[2004] 3 S.C.R. 511, 2004 SCC 73 (2004)

Facts

British Columbia (defendant) granted a Tree Farm License (TFL) to a forestry company, allowing the company to harvest trees on land claimed by the Haida Nation (plaintiffs). The Haida Nation’s claimed title to the land was not yet legally recognized. In subsequent years, British Columbia replaced the TFL and transferred the TFL to a different company, Weyerhaeuser. The TFL granted Weyerhaeuser the exclusive right to harvest timber in an area that amounted to almost one-quarter of the land claimed by the Haida Nation. The Haida Nation objected to the logging rate and methods and the environmental effects of the logging. Seeing no improvement, the Haida Nation brought suit, claiming that the TFL replacements and transfer were made without the Haida Nation’s consent and over their objections.

Rule of Law

Issue

Holding and Reasoning (McLachlin, C.J.)

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