The B.C. Supreme Court has invalidated a Forests Ministry decision approving a forest licence transfer within Gitanyow First Nation territory due to the province’s failure to consult with the nation. The Gitanyow First Nation, covering approximately 6,200 square kilometers in northwest B.C., sought to acquire a forestry licence in its traditional area after the previous license holder went bankrupt in 2023. However, the province authorized the licence transfer to the business arm of Kitsumkalum First Nation, which does not share traditional territories with the Gitanyow in this case.
Justice Matthew Kirchner of the B.C. Supreme Court determined that the licence transfer disregarded obligations to consult with the Gitanyow. He criticized the province for relying on hope rather than fulfilling its duty to engage with the Gitanyow. The forest licence grants the right to harvest timber in a designated area and is subject to the forests minister’s discretionary powers.
Following the acquisition of the bankrupt forestry company’s assets by Kitsumkalum’s business arm in April 2024, discussions took place between the Gitanyow and Kitsumkalum First Nations regarding the licence transfer. However, the Gitanyow expressed dissatisfaction with the discussions to the province. The court also revealed that the province failed to address concerns raised by the Gitanyow legal counsel in a letter due to an incorrect email recipient.
The court criticized the province for not exploring potential accommodations, such as participating in negotiations between Gitanyow and Kitsumkalum or delaying the transfer until an agreement was reached. Despite the province’s assertion that the transfer’s impact on the Gitanyow was minor, the court highlighted the province’s failure to uphold past commitments, including the 2022 incremental reconciliation pathway agreement.
As a result of the successful lawsuit by the Gitanyow, the forest licence transfer has been annulled, requiring the ministry to reconsider the issue and engage in further consultations with the Gitanyow. Joel Starlund, executive director of the Gitanyow Hereditary Chiefs’ office, welcomed the court’s ruling and emphasized the importance of respecting their laws and protocols in future engagements. The Forests Ministry spokesperson acknowledged the court’s decision and refrained from further comment due to the ongoing reconsideration of the matter.
