Decision Date: September 26, 2003

Panel: Alan Andison

Keywords: Pesticide Control Act, s. 15(8); stay application; aboriginal rights.

The Nak’azdli Band Council requested a stay of an Approval issued in relation to a Pest Management Plan.  The Approval permitted Canadian Forest Products Ltd. to apply pesticides to 7 cutblocks within the traditional territory claimed by the Nak’azdli First Nation.

The issue in this application was whether the Board should grant a stay of the Approval, pending a decision on the merits of the appeal.

The Board found that the appeal raises questions concerning the use of pesticides and human health, the environment, aboriginal rights, and consultation.  Therefore, the Board held that there are serious issues to be tried in this application.

The Board held that the Applicant failed to establish that it would suffer irreparable harm if a stay was not granted.

The Board noted that the stay application and the appeal may be moot, because the treatments under this Approval would be complete by the time this decision is released.  The Board noted that the Applicant was aware of the time frame for pesticide treatments, and did not object to the schedule for hearing the stay application.  The Board held that a balance of convenience favoured denying the application for a stay.

The Board denied the application for a stay.