Decision Date: August 22, 2002

Panel: Alan Andison

Keywords: stay application

The Office of the Wet’suwet’en applied for a stay of the Deputy Administrator’s issuance of an approval for pesticide use. The approval authorized pesticide use on two cutblocks, in accordance with an approved pest management plan.

The Board found that the Wet’suwet’en had not established that they would suffer irreparable harm if the pesticide application program proceeded as permitted.

The Board found that the Third Party may suffer some harm if the approval was stayed, because conifer seedlings in the cutblocks may die if not treated this year. Therefore, the Board found that the balance of convenience favoured denying the stay in this case.

The application for a stay was denied.