On February 5, 2004, the Brtish Columbia Supreme Court delivered its decision in Husby Forest Products v. Minister of Forests et al., 2004 BCSC 142. Charles F. Willms and Kevin O'Callaghan of Fasken Martineau represented Husby on the petition.
The District Manager had refused to issue a cutting permit because he was of the opinion that it could infringe on the Haida's claimed aboriginal rights. Husby contended, among other claims, that the District Manager only has discretion to refuse such an application if he is of the opinion that it would infringe an established aboriginal right. Madam Justice Garson agreed that the District Manager must be of the opinion that it would infringe the aboriginal right in questions. The Court held that the right did not have to be a proven right, but simply one established on prima facie case. However Madam Justice Garson was clear that the Haida had not met that burden because they had not specified the nature and extent of the right which would be infringed by the granting of the cutting permit.
To read a more in-depth analysis of the reasons click HERE.
To link directly with Husby Forest Products v. Minister of Forests et al., 2004 BCSC 142, click HERE.