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Canada Foresters, Miners Watching Top Court Cases
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CANADA: November 18, 2004


OTTAWA - The ability of Canada's forestry and mining sectors to be able to make long-term investment plans will be at stake in two related decisions on Thursday morning by the Supreme Court of Canada.


The court will hand down verdicts on whether governments and resource companies must consult and obtain the consent of native Indian groups for plans for using land on which Indian claims are pending.

The cases are centered on British Columbia but they have enormous ramifications for the entire country. All of Nova Scotia, almost all of British Columbia, two-thirds of Quebec and parts of the rest of the country are subject to land claims.

Mining, forestry and business groups say the economy in British Columbia in particular has been hurt by the uncertainty of dealing with land claims, and they warned of financial instability and institutional paralysis.

"To return to a healthy mineral investment and exploration climate in B.C., the mineral exploration community...need certainty around land access and security of tenure," Dan Jepsen, executive director of the British Columbia and Yukon Chamber of Mines, said in a submission to the court.

The Indians argue that if they have to wait until their claims are settled, much of what they are seeking to benefit from or preserve may have already been destroyed, so they should be able to block development that they oppose.

One of the cases involves US forestry giant Weyerhaeuser Co. and its license to log on the Queen Charlotte Islands off the coasts of British Columbia and Alaska.

The other involves the small Canadian company Redcorp, which is seeking permission to build a road through pristine wilderness in northwestern British Columbia to a zinc/copper/lead/silver/gold mine.

They and the British Columbia government are appealing lower court decisions against them.


REUTERS NEWS SERVICE



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