Powell River First Nation takes legal action to quash tenures awarded by Victoria
Jeff Rud, CanWest News Service
Published: Thursday, April 26, 2007
VICTORIA – A Powell River first nation has gone to court to stop the establishment of three geoduck farms in its traditional territories.
The Sliammon First Nation filed a petition in B.C. Supreme Court on Wednesday in Victoria, asking the court to quash the provincial government’s decision to award three tenures to proposed farms near Savary and Hernando islands.
The petition, filed by lawyers with the Victoria firm Woodward & Co., seeks an injunction to prevent potential work on any of the three sites.
The Sliammon First Nation claims it was not properly consulted by the Ministry of Agriculture, which in January granted a geoduck farm license to the Underwater Harvesters Association for a 25.5-hectare site off the south shore of Hernando Island.
The ministry also approved tenures for two other farms — both near Savary Island — to Fan Seafood and Manatee Holdings.
Hernando and Savary islands are both located in the northern part of the Strait of Georgia, east of Campbell River.
Sliammon Chief Walter Paul could not be reached for comment Wednesday.
"We are very unsatisfied with the decision-making by the ministry for these geoduck farms in the heart of our territory," Paul said in a press release Wednesday. "There was no meaningful consultation and accommodation. The ministry seems to have decided that we don’t have any rights in this area.
"Savary and Hernando are important areas for Sliammon. Our nation has managed and harvested resources on the beaches and in the waters around these islands for thousands of years. . . .
"Our council and members are sick of seeing all the resources, lands, waters and beaches in our territory being sold off or tenured out by the government with no shared decision making and little benefit to Sliammon,” he said. "This was supposed to end with the New Relationship but it’s still going on."
The New Relationship is a provincial initiative to reconcile with first nations.
Agriculture Minister Pat Bell was unavailable for comment Wednesday. But when questioned in the legislature in February the minister said First Nations have been extensively consulted on plans for the farming of geoducks, the odd-looking clams that are considered a delicacy in China.