Canadian Forest Products Ltd.(Canfor) has been granted leave to appeal a B.C. Supreme Court decision that has prevented the company from logging in an area west of Prince George important to the Wet'suwet'en First Nation.
In a ruling issued Nov. 25, B.C. Court of Appeals Justice Christopher Hinkson granted the leave on the issue of whether the Supreme Court Justice erred by "permitting an impermissible collateral attack" in allowing the Wet'suwet'en "to circumvent the procedure for consultation and if necessary, accommodation of the First Nation interests as mandated by the decision of the Supreme Court of Canada."
In June, Supreme Court Justice Janice Dillon granted the interim injunction to the Wet'suwet'en and at the same time, dismissed a Canfor application for an interim injunction against the Wet'suwet'en defendants who had blockaded road building and logging into Redtop in November 2009, 10 kilometres north of Topley, and about 250 kilometres west of Prince George.
Redtop is contained in an area known to the Wet'suwet'en as the Ilk K'il Bin Territory.
Dillon granted the injunction to give Wet'suwe'ten time to prepare for a trial to protect the area, reasoning that if Canfor was allowed to continue its logging activity, a trial would be of little consequence because the harm would have already been caused.
Dillion also noted that Redtop is the last remaining untouched area within the Wet'suwet'en's Ilh Ki'l Bin Territory as other parts have been logged, given over for grazing leases, or used for other development.
It is also the only productive hunting area left in the territory and the only area left where members of the Wet'suwe'ten's House of Ginehklaiyex can carry on traditional activities and pass on their knowledge of the land, Dillon added.
Canfor had intended to use fibre harvested from the area to supply its Houston sawmill, but Dillon noted in part that it constituted just 1.2 per cent of Canfor's winter operations in the area.
Canfor spokeswoman Christine Kennedy said the company's lawyers are reviewing the decision.
