EXCLUSIVE: Halalt First Nation sues North Cowichan, Mosaic over logging practices
Band also blames senior governments for contributing to flooding on Chemainus reserve
Halalt First Nation has launched a class-action law suit against North Cowichan, Mosaic Forest Management, the senior governments, and others for damages related to flooding on the band’s reserve on the lower Chemainus River.
The BC Supreme Court action names several “forestry defendants,” including North Cowichan, Mosaic, TimberWest, and Island Timberlands, as responsible for logging practices that contributed to downstream flooding.
The suit alleges the forestry defendants “conducted their forestry operations in a careless and reckless manner” by overharvesting and failing to manage and clear harmful logging debris. It also says logging caused increased surface runoff, sedimentation and riverbank erosion along the Chemainus River watershed.
The suit also names the federal and provincial governments, Island Corridor Foundation and the Managed Forest Council, which is an independent provincial agency.
Court documents show the class action is filed by Halalt First Nation and Kristin Thomas — “a resident of Halalt Indian Reserve No. 2, whose property and place of residence were made uninhabitable due to the extensive damage caused by the catastrophic flooding event” of Nov. 14-15, 2021.
(Flood video courtesy of Shawn Wagar/Verra Creative: https://www.youtube.com/watch?v=yKuJ-XotlDo)
“Mosaic Forest Management takes these claims very seriously,” the company said in a statement to sixmountains.ca. “However, we are unable to comment on the specifics of the claim at this time, as the matter is currently before the courts.”
Mosaic is the timberlands manager for two companies, TimberWest and Island Timberlands, owned by public pension funds.
The BC government and North Cowichan Mayor Rob Douglas also said they could not comment while the matter is before the courts.
Halalt Chief James Thomas declined to comment at this time.
In addition to the logging allegations, the suit asserts that the Trans Canada Highway and the E&N rail line have contributed to the ongoing flooding problem, including through inadequately maintained rail drainage culverts.
The list of alleged impacts on the reserve from flooding include septic-field failures, increased insurance rates, damage to buildings and properties plus the cost to raise buildings, “complete destruction of Halalt's fish hatchery,” contaminated drinking water, lost fish habitat on-reserve, and flooding of a graveyard.
The suit also lists “impairment” of Indigenous rights to fish and carry out cultural practices, resulting in emotional, psychological and cultural harm.
The reserve is home to 217 residents, many of them “multi-generational residents, using below-ground areas as living space,” according to the documents.
The Halalt launched a civil claim in 2023, but that was amended as a class proceeding — including North Cowichan as a defendant— in early 2024.
The legal action has become public as a result of sixmountains.ca finding the records this week in BC Supreme Court.
North Cowichan’s logging has occurred within the 5,000-hectare Municipal Forest Reserve, portions of which border the Chemainus River. Council suspended logging in the forest reserve in 2019 pending consultations with the public and First Nations.
Last year, the public voted 76-per-cent in favour of conservation management of the forest reserve, which is popularly known as the Six Mountains — Prevost, Sicker, Richards, Maple, Tzouhalem, and Stoney Hill. Status-quo logging scored 17 per cent.
Private talks continue with Quw'utsun Nation, representing five local First Nations, including Halalt, several of which are engaged in forestry.
Last year, the province spent almost $6 million on initiatives to reduce flooding on the lower Chemainus River, including the removal of about 9,000 cubic metres of gravel, creation of a flood-barrier wall, and weirs to reduce bank erosion.
(Photos: Mosaic clearcut in upper Chemainus watershed; E&N bridge over lower Chemainus River; North Cowichan clearcut near lower Chemainus River; sign at entrance to Halalt reserve.)
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— Larry Pynn, Dec. 12, 2024
