Kwakiutl opposed to removal of land from tree farm licence
        
     
      Victoria Times Colonist 


Friday, February 09, 2007
http://www.canada.com/vancouversun/news/business/story.html?id=90213bc0-bc87-4d49-a12a-f4584e2c4f61


The Kwakiutl First Nation plans legal action to block a forestry company from 
removing 28,000 hectares of private land from tree farm licences on Vancouver 
Island.

In a letter to Forests Minister Rich Coleman, the band accused the provincial 
government of failing to consult with the band before allowing Western Forest 
Products to remove the land.

"Our first action is to legally and effectively hold your approval in 
abeyance," the band council wrote in the Feb. 5 letter. "We will seek an 
injunction to have your government and Western Forest Products obey the 
protocol that is in place for meaningful consultation and accommodation."

Removing land from the tree farm licence will give the company more freedom as 
to its use. Land in the licence is subject to environmental and replanting 
restrictions, harvest limits and controls on raw log exports from the province. 
The Kwakiutl First Nation is not the first to criticize the deal. Labour and 
environmental groups last week called it a corporate bailout at taxpayers' 
expense.

Coleman on Thursday rejected the band's complaint, saying government has been 
consulting on the removal since August 2005.

"There's been correspondence back and forth," he said. "For them to say they 
had no consultation is incorrect, quite frankly."

Coleman added that he was aware a previous removal of lands from a tree farm 
licence on the island prompted a lawsuit by another first nation over a lack of 
consultation. So he checked before making his decision to ensure that first 
nations had been consulted, he said. "My information was we consulted ... and 
I've confirmed that."

But Kwakiutl band manager Albert Robinson said Thursday Coleman never notified 
the band about his staff's recommendation, nor were they told Coleman had 
reached a decision. Robinson said he only learned about the deal through media 
reports.

Robinson said WFP's president Reynold Hert called the band this week to express 
concern the band had wrongly concluded that land in the tree farm licence was 
being converted to private land, when, in fact, WFP has owned it for years and 
is simply taking it out of the tree farm licences, a company spokesman said 
Thursday.


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