WATERSHED UPDATE – November 25^th, 2007

There was a recent article in the Times Colonist on Wednesday, November 21^st, 2007 regarding the review by the Auditor General of the land transfer by the Minister of Forests to WFP. The article states that the “Auditor General’s office is considering widening its investigation of the province’s decision to allow private land to be removed from three tree-farm licences on Vancouver Island.

That means the 2004 decision to allow Weyerhaeuser to pull 77,000 hectares of private land from TFL 44 near Port Alberni could be included in the review. This year, Forests Minister Rich Coleman gave the go-ahead for WFP to remove 28,000 hectares of private land from tree farm licences without paying compensation for decades of access to Crown timber.

In the Globe and Mail, Thursday, November 22^nd, 2007 there is a lengthy article describing a decision handed down by the BC Supreme Court regarding a “legal test” of aboriginal title for portions of Crown land in Provincial forest. Justice David Vickers found in favour of the Xeni Gwet’in band in succeeding in establishing their aboriginal title to a significant portion of their traditional territory.

Judge Vicker’s issued a strong rebuke to the provincial government, saying that BC forestry’s laws don’t apply to aboriginal title, opening the doors to greater federal control over Crown lands that are subject to land claims.

The Justice went on to say “The present provisions of the Forest Act do not apply to those areas that meet the test for Aboriginal title”

It will be very interesting to see the provincial government’s response to this 339 day trial, which has already cost the taxpayer $18 million to prosecute and $11 million to defend according to the newspaper article.

Perhaps the Sechelt Indian Band might be able to claim the Chapman Creek watershed as their traditional territory and meet the same test for Aboriginal title, worth checking out?

For interested Gibsons or Coast residents there will be an opportunity for members of the public to attend a Public Hearing regarding the Shoalbay Condo development in lower Gibsons. The public meeting will be held at the Cedars Inn, December 5^th, 2007 starting at 7:00 pm. Information regarding the project can be found on the developer’s website and/or at view a copy of the development proposal at the Gibsons Town Hall front counter.

http://shoalbaydevelopment.com/

The Sunshine Coast Conservation Association in conjunction with West Coast Environmental Law (WCEL) are hosting a workshop this coming Tuesday, November 27^th, 2007 at 7:30 pm at St Hilda’s Church hall (5838 Barnacle Street, Schelt).

Lawyers from WCEL will be discussing the legal and political significance of the struggle to protect the Chapman Creek watershed. The evening is shaping up to be very informative and you may want to mark this evening on your calendar as a “must see”.

The following short video clip shows some disturbing scenes and information regarding potential developments in Northern British Columbia by Shell Oil.

http://www.youtube.com/watch?v=V2RUhJGbjDM

So please mark Nov 27^th & Dec 5^th on your calendars and learn more about developments slated for lower Gibsons and an update on the Chapman Creek legal and political fronts.

Regards

John Bebbington