Tolko and Okanagan Nation Alliance at loggerheads
Updated: October 24, 2009 6:57 PM
B.C.’s aboriginal relations minister hopes to keep a dispute on the west side of Okanagan Lake from escalating.
The Okanagan Nation Alliance continues to operate two camps in the Browns Creek area although Tolko Industries wants to log there.
The alliance claims cultural values are at risk while the Vernon-based company is threatening to go to court.
“The Ministry of Forests is lead in terms of managing this dispute but my ministry is staying informed,” said George Abbott, the Shuswap MLA who recently took over the aboriginal portfolio.
“The blockade has been peaceful and I hope it remains peaceful. I hope both sides can reach an agreement that is amicable.”
Abbott would not comment on whether he believes logging should be allowed at Browns Creek.
While developments with Tolko are new, the dispute isn’t.
Logging by the Okanagan Indian Band in 1999 was based on what it saw as aboriginal rights, but the B.C. Ministry of Forests issued a stop-work order. Both sides have been waging a legal battle ever since then.
On Thursday, Tolko’s lawyers informed the Okanagan Nation that if the camps aren’t removed, it will seek a legal injunction forcing them to leave.
Mark Tamas, regional woodlands manager, says there is no timeline to appear in court, and he wouldn’t say if logging will proceed before then.
“We will see how the process unfolds,” he said.
“Our intention is to keep people safe, both with the band and the contractors.”
However, Tamas insists logging can’t be delayed for too long because of the pine beetle infestation and the need for reforestation.
“We need to move forward to harvest before the timber declines further,” he said.
Tamas added that Tolko has delayed logging because it is sensitive to First Nations’ interests and all regulations have been followed.
“We’ve had approvals in place for more than 28 months.”
The Okanagan Nation claims its ongoing case with the government has led to an order to preserve cultural interests like trails, medicinal plants and graves. Tolko disagrees.
“Our legal counsel has confirmed with Crown that there is no order that prevents us from harvesting,” said Tamas.
The Okanagan Indian Band welcomes Tolko’s plans to take the matter to court, and officials say other avenues to block logging are also being considered.
“We will take all necessary steps to see this to the end,” said Chief Fabian Alexis.
And despite Tolko’s claims, the Okanagan Nation says there is a preservation order that allows for the collection and mapping of cultural values, items needed to defend its interests against the government.
“Logging will interfere and undermine our case through destruction of archeological evidence,” said Stewart Phillip, alliance chairman.
Alexis says the camps would only be abandoned prior to an injunction hearing if Tolko agreed there would be no logging in the interim.
“If we stand down, they need to stand down,” he said.
In terms of Tolko’s argument that beetle-infested wood must be addressed, Alexis says the band would consider select harvesting but not large-scale clearcutting.
“We want to protect our watershed.”
Phillip doesn’t believe there are high timber values at Browns Creek.
“It puzzles us that Tolko would go to the wall on this,” he said.
About 27,000 hectares of Browns Creek lies within Tolko’s tree farm license. Browns Creek is in the area of Whiteman Creek northwest of Westside Road.
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