| FORESTRY
SNB court rules in favour of Natives asserting logging rights Lack of snow keeping firefighters busy in PEI Matawa First Nations to take legal action against two pulp and paper companies NB court rules in favour of Natives asserting logging rights New Brunswick's highest court has ruled in favour of two First Nations men who asserted Native treaty rights allow them to harvest timber from Crown lands. Kelvin Ross Paul and Timothy Francis Paul, both of the St. Mary's First Nation, had previously been convicted in provincial court of violating the Crown Lands and Forests Act by possessing timber harvested from Crown land. The defence had asserted a Native treaty right allowed them to harvest timber for personal use. However, lower courts had ruled that a stay against such harvesting, issued in 2004 in the Sappier case – a previous Native logging case –- prevented them from doing so. In the more recent decision, the New Brunswick Court of Appeal is ruling that the trial judge erred in applying the Sappier stay because it was based upon a different Native treaty. Ronald Gaffney, the lawyer who represented the Pauls on the appeal, said the defence is using the 1760 treaty, rather than the 1726 treaty ruled on in the previous case. Lack of snow keeping firefighters busy in PEI A lack of snow combined with rising temperatures and windy weather is causing a few headaches for P.E.I. firefighters. Brigades have responded to several grass fires in the province at the end of March, including one in the New Glasgow area that burned more than five hectares. Fire managers are concerned about the potential for much more serious fires this spring. Dan McAskill, forest fire protection manager for the Department of Environment, Energy and Forestry, is warning Islanders to be careful when burning organic material. He says small grass fires can quickly get out of control and lead to destruction of homes, farm buildings, cottages and forests. Burning permits are required for any outdoor fire from March 15 to Dec. 1 each year. Matawa First Nations to take legal action against two pulp and paper companies Matawa First Nations says it's taking legal action against the Ontario government and two pulp and paper companies that failed to include nine Aboriginal communities in regional forestry planning developments. The group, a tribal council comprised of Ojibway and Cree First Nations, has filed an application for judicial review against Natural Resources Minister David Ramsay, the director of industry relations for the ministry, Terrace Bay Pulp Inc. and Neenah Paper Co. of Canada. The group seeks to set aside the ministry's decision to transfer Neenah's sustainable forest licence in the Kenogami Forest to Terrace Bay on the basis they weren't consulted about it. The group says the province has a legal obligation to ensure equal participation by Aboriginal peoples when it comes to forestry management planning under the Class Environmental Assessment Order. Chief Veronica Waboose says little has been done to `honour or implement' those legal requirements. All Matawa First Nations reserves are either in or adjacent to the Kenogami Forest which means its members have treaty rights to harvest, hunt, fish and trap in the area. |
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