On August 19, 2002, the British Columbia Court of Appeal in a majority judgement, narrowed its earlier judgement which imposed an independent duty of consultation on Weyerhaeuser with the Haida Nation in respect of unproven claims of aboriginal rights and title.
Charles F. Willms and Kevin G. O'Callaghan were counsel for the intervenors, Council of Forest Industries, B.C. Chamber of Commerce, and Business Council of B.C. on this appeal which resulted in a clarification of the Court's earlier judgement that still has serious implications for companies dealing with assets in this province that are subject to any form of aboriginal claim.
The Court made orders on the following terms:
- A declaration is made that the Crown provincial had in 2000, and the Crown and Weyerhaeuser have now, legally enforceable duties to the Haida people to consult with them in good faith and to endeavour to seek workable accommodations between the aboriginal interests of the Haida people, on the one hand, and the short-term and the long-term objectives of the Crown and Weyerhaeuser to manage T.F.L. 39 and Block 6 in accordance with the public interest, both aboriginal and non-aboriginal, on the other hand.
- An order is made that the parties have liberty to apply to a judge of the Supreme Court of British Columbia for whatever orders they may be instructed to seek, pending the conclusion of the proceedings with respect to a determination of aboriginal title and aboriginal rights, infringement and justification.
- An order is made that the affidavits filed by the five intervenors in support of their applications to intervene be admitted in evidence in this appeal.
- An order is made that any reference in the original reasons to any breach by Weyerhaeuser of its duty to consult the Haida Nation is expunged from the reasons, by consent of the parties.
To read a more in-depth analysis of the reasons click HERE.
To link directly with Haida Nation v. B.C. and Weyerhaeuser, 2002 BCCA 462, click HERE.