Nova Scotia Reviewing N.B. Logging Court Decision

ABORIGINAL AFFAIRS--Nova Scotia Reviewing N.B. Logging Court Decision

The Nova Scotia government will review a court decision released today, Aug. 28, in New Brunswick that deals with aboriginal logging on Crown land.

The New Brunswick Court of Appeal has ruled that a Mi'kmaq harvester is not guilty of violating the Crown Lands and Forests Act.

"Our legal staff will review today's ruling, but this decision is not binding in Nova Scotia," said Richard Hurlburt, Nova Scotia's Minister of Natural Resources. "Nova Scotia will continue to monitor timber harvest on Crown lands and take appropriate enforcement action if necessary."

Nova Scotia has a similar case before the courts. Thirty-five Mi'kmaq loggers were convicted in provincial court in March 2001 of illegally harvesting timber from Crown land. The decision was upheld in Nova Scotia Supreme Court in March 2002. An appeal was heard in the Nova Scotia Court of Appeal earlier this year. No decision has been released.

In June 2002, the province of Nova Scotia, the federal government and the Mi'kmaq signed an umbrella agreement to enter into broad negotiations on treaty-related issues.

"This government agrees that negotiated settlements are the preferred option," said Ernest Fage, acting Minister of Aboriginal Affairs. "The process that we are moving forward with can provide more clarity for all interested parties."

The provincial and federal governments are awaiting the appointment of a Mi'kmaq chief negotiator to proceed with the negotiations.