Third Party: Forest Practices Board
APPEAL NO. 2001-FOR-003

The appeal concerned unauthorized harvesting on Crown land adjacent to private land, and whether the defence of "officially induced error" applies to administrative penalties, given that it is only expressly mentioned in the offence provisions of Code. The Board joined the appeal to argue that the defence of officially induced error ought to be available, assuming the elements of the defence are established, because the administration of justice could be brought into disrepute by denying the defence to a person who is misled by a government official. The Board did not take any position on whether the appellant established a defence in this case. The FAC agreed that the defence is available for administrative penalties, but found that it was not established on the facts.

Appeal allowed in part (on penalty amount issue).

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/2001for003.pdf