Sliammon First Nation files suit over decade-old landslide mess

Sliammon First Nation sues governments and forestry company, saying road defects caused slide and depleted salmon stocks
SUNNY DHILLON, Globe and Mail
VANCOUVER — The Sliammon First Nation in Powell River filed a lawsuit against a northwest forestry company and the provincial and federal governments on Tuesday “to compel cleanup of damage caused to its Toquana Reserve” in a 1995 landslide.
“It was mud and debris and everything else,” Sliammon First Nation Chief Walter Paul said.

“The slide came down through the valley and took out a lot of our reserve.”

Mr. Paul said the slide happened because a provincial forestry road wasn’t properly decommissioned.

A culvert on the road jammed, creating the slide that “washed out access roads, damaged reserve buildings and destroyed fish habitats.”

Plaintiff lawyer Murray Browne said the Sliammon have waited patiently for a resolution.

“The Sliammon kept hoping that there would be efforts made to do a final cleanup,” Mr. Browne said.

“There were some initial efforts but it hasn’t really been completed.”

Merrill & Ring, a forestry and land management company operating out of the Pacific Northwest since 1888, is named as a defendant.

Merrill & Ring spokesman Norm Schaaf said he was not aware of any lawsuit.

Mr. Paul said the landslide has had a severely detrimental effect on salmon stocks.

“The landslide changed the course of the river,” he said.

“A lot of the salmon fry got stuck in ponds that dried up.”

Documents filed by the Sliammon in B.C. Supreme Court ask the defendants to “develop and implement a remediation plan in consultation with the [Sliammon] to remediate damage caused to the lands, structures, waters and fish habitat.”

The documents also allege that the province “negligently authorized or carried out road construction, decommissioning and remediation of logging roads and the bridge upstream.”

The Sliammon are asking for “damages for economic loss,” as well as “exemplary and punitive damages.”

Mr. Paul said the Sliammon are more than willing to settle the matter out of court.

“In some cases, you need litigation to trigger discussion,” Mr. Browne said.

He said an independent study conducted by Geofor Consulting sided with the Sliammon.

An excerpt from that report, released by the Sliammon, says “remedial work completed after the first initial work … did not consider the impact to the Toquana reserve. Sliammon’s interests were not taken into consideration.”