Sally Behn, et al. v. Moulton Contracting Ltd., et al. (December 11, 2012)
Case # 34404
This appeal concerns the issue of Aboriginal law Treaty rights.
The Crown granted the respondent 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.
The claim for damages was filed against members of the Behn family, the First Nation and their Chief, and the Crown.
In their statement of defence, the appellants denied that their acts were unlawful.
The appellants stated that the licenses and permit were issued unlawfully and gave no rights to harvest the timber or access the area.
The appellants alleged that the Crown both 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