Hupacasath First Nation
Port Alberni, BC

For Immediate Release
           
Today, Justice Lynn Smith of the BC Supreme Court ruled that "the Crown had a duty to consult with the Hupacasath regarding the removal of the land from TFL 44, and regarding the consequences of the removal of that land on the remaining (Crown land) portion of TFL 44.  The court declared that making the removal decision on July 9, 2004 without consultation was inconsistent with the honour of the Crown in right of British Columbia in its dealings with the Hupacasath First Nation.

The Hupacasath have consistently maintained the right to be consulted because of the many rights exercised on the removed private lands and the fact that we have always had access to those lands and were extensively consulted on the  lands for many years.  "Today, is a victory, not just for the Hupacasath, but for our Forests, and all that grows and lives within them.  The Forests are our Cathedrals and we hope through the consultation process that the court has ordered that we will be able to protect that which is most sacred and precious to us" said Chief Councillor Judith Sayers. "the 70,000 hectares of lands that were removed is almost one third of our territory and the impacts of that removal of the land from the TFL is immense on our rights and our title"

The court refused to quash the Minister's decision removing the lands from the TFL  and the Hupacasath express deep disappointment with that ruling that "substantial prejudice" to third parties is more important than constitutionally protected rights and title.  The court states "that meaningful remedy can be granted pending the completion of consultation."

The court has ordered the Crown to set up a government to government consultation process with Hupacasath so that their interests can be addressed and sets out 9 conditions that Brascan must fulfill in the interim.  The court has also order mediation or directions from the court if the parties cannot agree on the process or the consultation.

For Interviews Contact
Judith Sayers at
(250) 720-9328
or 724-4041 ext. 1