Third Party: Forest Practices Board Intervenor: Friends of Clayoquot Sound
APPEAL NO. 96/02(b)

The appeal issue was in regards to double jeopardy and quantum of penalty in relation to Interfor’s failure to maintain a forest road leading to liquefaction and sedimentation. Failure to meet a requirement of the Forest Road Regulation was automatically a contravention of the Act, so Interfor was found to have contravened both. The Board argued that the ‘double jeopardy’ issue raised by Interfor based on the Supreme Court of Canada’s Kienapple principle against double convictions for the same act in the criminal law setting, does not apply to administrative schemes such as the Code. The FAC agreed and dismissed the appeal, but reduced the penalty from $10,000 to $7,500.

Appeal allowed in part.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/96-02b.pdf