Copyright © 2002 NLThomas
All Rights Reserved

Coast Salish Territory/Vancouver, February 28, 2002 - Chief Stewart Phillip commended the victory of the Council of the Haida Nation relative to its case Haida Nation v. B.C. and Weyerhaeuser in the B.C. Court of Appeal on January 27th, 2002. Chief Phillip stated, "As in the Taku River Tlingit decision, the court has recognized that the Province of British Columbia's approach to consultation is fundamentally flawed. Aboriginal Title is a confirmed fact, just the same as a legal and fiduciary duty exist on part of the province to respect and fully acknowledge our Aboriginal Title exists."

In the Haida case, the Province issued a tree farm licence (TFL) to MacMillan Bloedel who transferred the TFL to Weyerhaeuser. As stated in the decision "The principal issue in this appeal is about whether there is an obligation on the Crown and on third parties to consult with an aboriginal people who have specifically claimed aboriginal title or aboriginal rights, about potential infringements, before the aboriginal title or rights have been determined by a Court of competent jurisdiction."

"What we find compelling in the Haida decision is the Court of Appeal ruled that there is an 'enforceable, legal and equitable duty to consult' to both the Provincial Crown and to third parties. This will certainly open the door to some frantic rethinking of strategy by the Attorney General's office and of the big corporations. No doubt the 'third parties' will not be happy with this decision." Chief Phillip continued, "The Court has confirmed once again that our Aboriginal Title and Rights exist and must be meaningfully and substantively addressed. Both the Provincial Crown and 'third parties' can no longer continue adopting a 'business-as-usual' approach as though our Aboriginal Title and Rights exist only as abstract legal notions."

"This decision further strengthens our defence of our Aboriginal Title and Rights and puts third parties on notice that they must consult with First Nations or they may suffer the legal consequences. In this case, I am sure that the Council of the Haida Nation will lead the province towards a process that firmly recognizes their 'fiduciary obligations of utmost good faith' to not only the Haida Nation but ultimately to all First Nations within British Columbia" concluded Chief Phillip.