In Yahey v. British Columbia, 2015, the British Columbia Supreme Court dismissed the band's application for a pre-trial injunction to prevent the province from proceeding with a planned auction of 15 timber sale licences. The court dismissed the application on the basis that it was not satisfied the timber sales would materially increase the cumulative impacts on Treaty rights.
''Yahey v. British Columbia'', 2017
The second application on the same subject was heard in late October 2016. This time the band sought an injunction to prohibit the Province from authorizing industrial development relating to forestry and oil and gas activities within defined "critical areas". The court rejected the application for an injunction on the basis that the issue would go to trial in March 2018 and no "irreparable harm" would occur in the meantime.
Impact of the modern economy in 2019
During an initial trial which began in May 2019, the Province of British Columbia suggested that the First Nation needed to “modernize” its livelihood, with its representative stating that “Reserve lands may provide for the ‘livelihood’ of First Nations in modern times through agriculture, ranching or the exploitation of the subsurface rights.” The impact of the "modern economy" presented during opening remarks by the representative of Blueberry stated that "projects approved between 2013-2016" included:
" 2,600 oil and gas wells
1,884 kilometres of petroleum access and permanent roads
740 kilometres of petroleum development roads
1,500 kilometres of new pipelines
9,400 kilometres of seismic lines, and
harvesting of approximately 290 forestry cutblocks."
Arguments presented in the case have raised broader questions about assimilation of an indigenous people, and the choice to continue to pursue a traditional way of life. One commentator expressed concerns regarding the definition of modernity, wondering whether "ever-expanding exploitative resource extraction activities continue to define our moment in time as a society.. even when science tells us that cumulative impacts are imperiling wildlife survival."
