Supreme Court Hears Request to Appeal in Behn Versus Moulton Case

On December 11th, 2012 the Supreme Court of Canada heard an appeal of a case that has been going through the courts of British Columbia concerning the sale of timber rights on crown land to Moulton Contracting Ltd in 2006. The sale was opposed by George Behn and family members who set up a camp on the road leading to the area allocated for harvest. The case has been heard in the lower courts of B.C, and then appealed to the Supreme Court. This appeal, “Sally Behn, et al. V Moulton Contracting Ltd (case 34404),”  concerns the issue of Aboriginal law Treaty rights
The Crown granted the respondent (Moulton Contracting) two timber sale licences and one road permit to log certain areas of land located within the Behn Family Territory.
That territory is located within the Treaty 8 territory of the Fort Nelson First Nation.
The appellants are members of the Behn family and are, with one exception, members of the Fort Nelson First Nation.
After Moulton’s access to the area was impeded by at least some of the appellants, Moulton filed a claim for damages. A tent was erected on the right-of-way and vehicles parked. The alercation was peaceful.
A claim for damages  was filed by Moulton against members of the Behn family, the First Nation and their Chief, and the Crown.
In the Behn’s statement of defence, the appellants denied that their acts were unlawful.
The appellants stated that the licences and permit were issued unlawfully (by the Ministry of Forests).
The appellants alleged that the Crown failed to consult adequately with the Fort Nelson First Nation.
By so doing the appellants claim the Crown interfered with the ability of the Fort Nelson First Nation to exercise its Treaty 8 rights meaningfully. Judgment was reserved.
The hearings can be seen on the CPAC channel and on the Supreme  Court of Canada website.

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