Third Party: Forest Practices Board
APPEAL NO. 2004-FOR-004(a)

The appeal issue was in regards to whether the licensee could deny that a cutblock required retention of trees for critical deer winter range after the harvest prescription and approval was made on that basis. The appeal was settled by a consent order that confirmed one of the contraventions, and varied the penalty to $30,000.

Consent order: http://www.fac.gov.bc.ca/forestPracCode/2004for004a.pdf

Third Party: Forest Practices Board
Intervenor: Sierra Club of Canada
APPEAL NO. 2004-FOR-005(b)

The appeal concerned unauthorized timber harvesting, and whether Weyerhaeuser could establish a due diligence defence by establishing that it took adequate steps to ensure that its contractors would not harvest timber outside of the cutblock boundaries.

Appeal allowed (with dissenting opinion).

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/2004for005b.pdf

Third Party: Forest Practices Board
APPEAL NO. 2004-FOR-013 (a)

The appeal issue was in regard to the burden of proof for unauthorized harvesting. The appellant argued that government must prove “beyond a reasonable doubt” that the licensee was the one who cut wood without permission. The FAC confirmed that the burden of proof is the civil standard of “balance of probabilities,” and found the evidence of contravention to be compelling.

Appeal dismissed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/2004for013a.pdf