The Halalt First Nation on Vancouver Island has filed a class-action suit with the Supreme Court of British Columbia, asserting that negligent forestry practices and infrastructure failures have caused significant harm to their lands and community.

In court documents the plaintiffs — Kristin Thomas and Halalt First Nation — claim the defendants are responsible for ongoing flooding and water damage. They claim that three catastrophic flooding events that took place along the Chemainus River between 2020 and 2022 caused significant flooding that rendered many homes on the reserve uninhabitable.

The plaintiffs allege that these flooding events, coupled with ongoing water damage caused by negligence and reckless actions, have resulted in severe flooding on the Halalt reserve. This has caused environmental damage, destruction of homes and infrastructure, higher insurance costs, displacement of residents, loss of cultural sites and resources and significant emotional, cultural and economic harm to the Halalt First Nation. 

Cultural losses resulting from the flooding include the impairment of fishing rights, loss of access to sacred sites and destruction of burial grounds. 

The plaintiffs also claim that water and debris from logging operations have trespassed onto their lands, causing physical and environmental harm.

The financial and emotional toll was further compounded by emergency evacuations and significant costs for temporary accommodations due to flooding.

In the lawsuit, the plaintiffs outline specific accusations against various parties.

The federal government (Canada) is accused of constructing the Esquimalt and Nanaimo (E&N) Railway through the reserve with inadequate drainage capacity, which disrupted natural water flow and led to recurring and catastrophic flooding.

The provincial government (British Columbia) is accused of failing to manage watershed impacts from forestry, construct effective flood protection, and maintain the Trans-Canada Highway in a way that prevents water trapping and exacerbates flooding.

The forestry defendants (Mosaic Forest Management, TimberWest, Island Timberlands, and North Cowichan) are accused of overharvesting, failing to manage logging debris, and conducting forestry operations that caused increased surface runoff, sedimentation and riverbank erosion. This negligence all contributed to flooding.

The local government (Municipality of North Cowichan) is accused of engaging in forestry operations within the Municipal Forest Reserve in a manner that contributed to increased surface runoff, sedimentation and other harmful impacts on the Chemainus River watershed, thereby exacerbating flooding on the Halalt reserve.

The Island Corridor Foundation, which owns the E&N Railway, is accused of failing to maintain drainage culverts adequately, resulting in blockages and insufficient water flow which worsened flooding on the reserve.

The Managed Forest Council (a provincial agency) is accused of inadequately regulating forestry operations, leading to harmful sedimentation and debris buildup in the Chemainus River watershed which contributed to flooding.

The plaintiffs are seeking certification of the lawsuit as a class action along with damages for negligence, nuisance, and trespass. They also request an injunction requiring the defendants to address inadequate drainage infrastructure and mitigate future flooding risks. The claim calls for monetary relief for affected class members, interest payable and any further relief deemed just by the court.

None of the defendants have yet filed a response with the court.