Third Party: Forest Practices Board
APPEAL NO. 2002-FOR-004

The appeal addressed the adequacy of circumstantial evidence to prove contravention of unauthorized timber harvesting. The Board joined to argue that proof of mens rea, i.e. that the person “knowingly” trespassed is not required.

Appeal dismissed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/2002for004.pdf

Third Party: Western Forest Products Ltd.
APPEAL NO. 2002-FOR-005

The appeal raised a number of issues concerning stop work orders, which were settled through a consent order with attached joint submissions of the parties.

Consent Order: http://www.fac.gov.bc.ca/forestPracCode/2002for005.pdf

Third Party: Forest Practices Board
APPEAL NO. 2002-FOR-007(a)

This appeal was about the limitation period (deadline) for enforcement of Code penalties. The FAC upheld the findings of contravention, but rescinded two administrative penalties that were imposed after the limitation period expired.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/2002for007a.pdf

Third Party: Forest Practices Board
APPEAL NO. 2002-FOR-002

Interfor requested administrative review of a forest development plan approval in relation to a cutblock that contained marbled murrelet habitat on the Sunshine Coast. When the ministry review panel quashed the approval for the cutblock, Interfor appealed to the FAC. The Board argued that the Code did not confer any standing to licensees such as Interfor to appeal this type of review panel decision. The FAC agreed and dismissed the appeal.

Appeal dismissed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/2002for002.pdf