Klahoose First Nation v. Sunshine Coast Forest District (District Manager), 2008 BCSC 1642 On November 28, 2008 the Honourable Mr. Justice Grauer of the Supreme Court of British Columbia released his reasons in Klahoose First Nation v. Sunshine Coast Forest District (District Manager), 2008 BCSC 1642.
Chuck Willms and Katey Grist of Fasken Martineau represented Hayes Forest Services Limited in the Klahoose First Nation's Judicial Review of the Crown's decision to grant Hayes a Forest Stewardship Plan. Although the court found the Crown did not satisfy its duty to consult, Mr. Justice Grauer reiterated the fact that Hayes was the rightful holder of the Tree Farm Licence, and that the Klahoose First Nation did not have the ability to veto harvesting in the Tree Farm Licence.
Grauer J. directed the parties to consult on an amendment to the FSP which was submitted by Hayes in February, 2008.