Third Party: Forest Practices Board
APPEAL NO. 1997-FOR-23

This appeal raised the issue of double jeopardy and whether the Kienapple principle against multiple convictions for the same act in criminal law also applies to administrative contraventions. The Board joined the appeal to argue that the approach to multiple contraventions and penalties for the same act or omission should be consistent with previous FAC decisions, two of which include International Forest Products Limited (Appeal No. 96/02, discussed below); and Hayes Forest Services Limited (Appeal No. 97-FOR-07, discussed below). The FAC agreed. The majority decision affirmed the contravention findings but reduced the penalty. The minority would not have reduced the penalty.

Appeal allowed in part.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/1997for23.pdf