Third Party: Forest Practices Board
APPEAL NO. 1998-FOR-06

This appeal involved unauthorized timber harvesting on Crown land adjacent to private property. The Board joined the appeal to argue that a section 96 contravention is not restricted to those who “knowingly” cut timber unlawfully. It also argued that due diligence is not a defence to the contravention, and that a concurrent finding that the appellant did not ascertain the boundaries of private property does not amount to double jeopardy because it involves a different legal prohibition. The FAC agreed and upheld the section 96 contravention findings, rescinded one other contravention determination, and varied the penalty.

Appeal allowed in part.

FAC Decision - http://www.fac.gov.bc.ca/forestAct/1998for06_1998fab04.pdf