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Paul v. Forest Appeals Commission.

Country/Territory
Canada
Type of court
National - higher court
Date
Oct 30, 2001
Source
UNEP, InforMEA
Court name
Court of Appeal
Seat of court
Vancouver
Judge
Lambert, Donald, Huddart.
Reference number
2001 BCCA 644
Language
English
Subject
Forestry, Legal questions
Keyword
Traditional rights/customary rights Forestry protection measures Forest management/forest conservation Social forestry/community forestry Forest service/forest officers
Abstract
In this decision the Court provided supplementary reasons with respect to the remedy to be granted following its June 30, 2001 judgement allowing Thomas Paul’s appeal. The Court issued an order in the nature of certiorari quashing the preliminary ruling of the Commission dated April 24, 1998, in which the Commission gave its opinion that it had jurisdiction to decide the aboriginal rights issue in the appeal taken to it by Mr. Paul under the Forest Practices Code. An order in the nature of prohibition was also issued, prohibiting the Commission from taking jurisdiction to decide any question of aboriginal rights in relation to the appeal taken to it by Mr. Paul under the Code. A declaration was made that the Commission does not have jurisdiction to decide any question of aboriginal rights or aboriginal title in the course of exercising its functions under the Code. Similarly, a declaration was made that the Legislature of British Columbia does not have the legislative capacity to confer on the Commission any jurisdiction to decide questions of aboriginal rights or aboriginal title in the course of exercising its functions under the Code. Additionally, an order was made that Mr. Paul is entitled to costs against the Commission, with liberty to apply for an order for costs against the Attorney General of British Columbia and the Ministry of Forests.
Full text
COU-156852.pdf