Keywords:Forest Practices Code of British Columbia Act – ss. 67, 96; multiple contraventions; double jeopardy.
This was an appeal by Alan Kendall of a Review Panel decision varying a Notice of Determination which found that the Appellant contravened sections 67(1), 67(2)(d) and 96(1) of the Code, for damaging 199 reserve trees outside of the approved yarding corridors. The Review Panel upheld the contraventions of section 67(1) and 96(1) as well as the penalty of $2,603.91, which had been assessed for the section 67(1) violation, but rescinded the section 67(2)(d) violation. The Appellant sought an order rescinding all contraventions and penalties.
The Commission found that contraventions of the Code did occur, in that the Appellant damaged and destroyed Crown timber without authorization contrary to section 96(1). The Commission found that the Appellant had not made out any justifiable defence to this contravention. The Commission also found that by contravening section 96(1), the Appellant also contravened section 67(1) of the Code. The Commission found that as only one penalty was assessed, and provided the Ministry of Forests recorded the contravention in the Appellant’s performance record as a single legal prohibition, there was no unfairness. However, the Commission found it inappropriate to consider past investigations as “contraventions” when making or reviewing a determination.
The Commission found the size of the assessed penalty to be appropriate, and even very low in the circumstances. The appeal was dismissed.