Appeal court denies bid to ban logging
The B.C. Court of Appeal has dismissed a request for an injunction by the Kitkatla First Nation to ban logging on land it claims as traditional territory.
The Kitkatla had hoped a recent decision by the Supreme Court of Canada would force International Forest Products to stop logging old growth forest near Prince Rupert.
In its Delgamuukw decision last December, the Supreme Court of Canada ruled that aboriginal groups that have not signed treaties must be consulted and perhaps compensated in any development taking place on their traditional lands.
But the appeal court panel dismissed the injunction application, in part because Kitkatla currently were not living on the land.
The Kitkatla lost their initial injunction application in B.C. Supreme Court on June 25. But in her decision, Justice Mary Southin said it may be necessary for an appeal court panel to rule on the case in light of the Delgamuukw decision.