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Haida Nation v British Columbia (Minister of Forests)
''Haida Nation v British Columbia (Minister of Forests)'', () 3 S.C.R. 511 is the leading decision of the Supreme Court of Canada on the Crown duty to consult Aboriginal groups prior to exploiting lands to which they may have claims.
==Background==
In 1961 the provincial government of British Columbia issued a "Tree Farm Licence" (TFL 39) over an area of land to which the Haida Nation claimed title. This title had not yet been recognized at law. The Haida Nation also claimed an Aboriginal right to harvest red cedar in that area. In 1981, 1995, and 2000 the Minister replaced TFL 39; in 1999 the Minister authorized a transfer to Weyerhauser Co. These actions were performed unilaterally, without consent from or consultation with the Haida Nation. The Haida Nation brought a suit, requesting that the replacement and transfer be set aside.
The chambers judge found that the Crown was under a moral – but not legal – duty to negotiate with the Haida Nation. The British Columbia Court of Appeal reversed this decision, deciding that both the Crown and Weyerhauser Co. are under legal obligations to consult with Aboriginal groups whose interests may be affected.
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