VANCOUVER — B.C.’s forests ministry is investigating logging practices on Haida Gwaii after the islands’ First Nation presented evidence alleging “monumental,” centuries-old cedar trees were being cut down without authorization.

The evidence was submitted as part of a petition from Haida Nation to the B.C. Supreme Court, seeking an injunction to halt logging by Husby Forest Products in five designated areas on Haida Gwaii.

None of the allegations have been proven in court. Husby declined comment except to say its lawyers will present their evidence in court on Monday.

“We disagree with a lot of the information that’s been provided by the CHN (Council of the Haida Nation) and their affidavits,” said Husby vice-president Rob Sandberg.

The Haida allege the company has already over-cut its allowed portion this year by 12,858 cubic meters of mainly old-growth cedar, about the equivalent of nearly 1,300 large cedar trees, according to court filings.

Additionally, the B.C. Ministry of Forests, Lands, Natural Resource Operations and Rural Development said it is investigating “non-compliance” allegations that Husby felled 99 “monumental” cedars — many of them trees larger than 120 centimetres in diameter, which are generally centuries-old.

Such trees are considered protected by the Haida Nation. But those between 100 to 120 centimetres in diameter can be legally cut only in some circumstances, according to the Haida’s filed evidence.

Husby was required to tag and track monumental cedars, the Haida Nation alleged, but the band claimed Husby identified only two of a size qualifying for protected status. The nation alleges at least 99 monumental cedars of varying sizes were harvested.

The ministry said unauthorized timber harvesting could result in an administrative hearing and penalties.

“As a result, an investigation has been started, and is ongoing, to determine if there is any non-compliance relative to the Haida Gwaii Land Use Order,” reads a statement from the ministry’s compliance and enforcement branch.

“Compliance and enforcement staff is investigating complaints related to the licensee’s logging practices. This investigation is independent and separate from any injunction or court application process initiated by the Haida,” the statement says.

The Haida Nation filed its court petition on May 28, arguing the cedars in a significant portion of the island known as Collision Point would be depleted in two decades, based on B.C. timber supply estimates and current logging rates.

Many cedars currently harvested on Haida Gwaii have been standing for at least 200 years, according to evidence the Haida filed. There is a shortage of younger trees, and current tree-planting efforts are not expected to replenish the supply quickly enough.

Part of the issue is how the provincial government has established cedar-cutting limits on the island. These limits are not legally enforceable without an order signed by forests minister Doug Donaldson.

His ministry said a ministerial order is on its way. This type of order, called a partition, would provide a legally enforceable limit on cedar harvest. How such a limit might be implemented is now being considered.

“The Minister has decided to issue a partition order,” a ministry statement said. “Discussions are occurring with the Council of Haida Nation and licensees.”

Haida Nation vice-president Trevor Russ said the nation met with Donaldson in-person earlier this month. In an interview, he said Haida survey crews discovered the monumental cedars had been cut this spring.

The Haida have traditionally made giant cedars into dug-out canoes, totem poles, long houses, construction beams and posts, along with many other uses.

“It sounds as though (Husby’s) staff had done the work, they didn’t see any issues, they didn’t identify the monumentals,” Russ said, “so they went ahead.

“Our staff luckily enough had gone in and done the work while they were on a bit of a hiatus and came across the monumentals on the ground.”

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Russ said the Haida have felt the negative impact of B.C.’s forestry industry for more than 100 years. He said the First Nation has only become involved in the forestry industry itself in the past decade.

“It hurts culturally, but also a lot of the concern raised by the community is just the damage felt watching barges continuously leave the island with very little return over time,” Russ said. “There is going to be a big gap in between the amount of usable cedars today and in the future.

“Monumentals are going to be very hard to come by. Passing on the traditional use of the tree is going to be very difficult.”

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