A Prince George-based guide outfitter and trapper is not owed a "duty of care" to ensure his business interests are not harmed by harvesting activities on Crown land, the provincial government says in a response to a civil lawsuit.
The government also says the plaintiff, Harvey Chingee, took the wrong legal route when he filed a lawsuit in late June against the provincial government and a long list of sawmill operators and logging companies.
"The plaintiff does not take issue with the method of harvesting but with the fact of harvesting itself," the province said in a response filed Thursday at the Prince George courthouse.
"In this way, the plaintiff is squarely attacking the Crown's right to issue tenures to harvest its timber. The plaintiff should have brought a petition for judicial review of the Crown's decision to issue tenures to harvest Crown timber."
The province further contends Chingee may not own the two traplines he claims to, noting they're registered under different names and no notice of transfer or surrender of rights have been given to the Crown.
Chingee's holding of a guiding territory certificate is recognized but, while it gives him exclusive control over guiding privileges in the area, it does not give him "a property right in wildlife... or even a right to hunt wildlife."
Rather, Chingee needs an annual guide outfitter licence to enter Crown land to guide. Such a licence was issued to Chingee on March 31, 2012, according to the province.
Further, in addition to registration of a trapline, Chingee also needs a trapping licence to work the line.
Because the guiding certificate and the registration of the traplines do not grant Chingee the right to hunt or trap on Crown land, "they do not constitute profits a prendre in favour of the plaintiff and do not give the plaintiff any proprietary interest in the land."
A profit a prendre allows a person to take away some natural thing of value from land owned by another.
Chingee claims the activities by the government and the companies have interfered with his ability to run his businesses
Chingee argues the road building and logging by the companies "significantly reduced" the wildlife on the lands covered by his guiding certificate and two trapline registrations.
By doing so, the companies injured Chingee's profit and other property rights, according to the claim.
Chingee also contends Victoria permitted the activities, despite a duty to take all reasonable steps to ensure his interests were not harmed by the companies.
Chingee's guide outfitting area and traplines are located in the Parsnip River drainage.
In all, 22 sawmill operators, logging companies and individual loggers are named in the lawsuit.
