British Colombia (Minister of Forests) v. Chief Ron M. Derrickson

British Colombia (Minister of Forests) v. Chief Ron M. Derrickson

The respondents' application for a preliminary ruling is dismissed as premature because constitutional challenges implicating aboriginal rights are fact driven and the court lacks jurisdiction to determine the suitability for Rule 18A summary disposition in the absence of evidence; therefore the question cannot be...

Source-derived case information.

Citation
2000 BCSC 719
Parties
Petitioner: Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Forests; Respondents: Chief Ron M. Derrickson and Mickey Werstuik as representatives of the Westbank First Nation and all other persons engaged in the cutting, damaging or destroying of Crown timber at Timber Sale Licence A57997, Block 1
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 May 2000
Procedural Posture
Petition Alleging Constitutional Challenge to Provisions of the Forest Practices Code / Preliminary Motion Under Rule 18 a Seeking Ruling on Suitability for Summary Trial and Ability to Rely on Others' Aboriginal Rights
Outcome
Respondents' application for a preliminary ruling dismissed
Legal Topics
Forest Practices Code (sections 96 and 123), Section 35(1) Aboriginal Rights, Rule 18 a Summary Trial Procedure, Justiciability and Preliminary Rulings, Ability to Rely on Third‑party Rights
Source Language
english
Constitutional Law Aboriginal Law Administrative Law Civil Procedure Forest Practices Code (sections 96 and 123) Section 35(1) Aboriginal Rights Rule 18 a Summary Trial Procedure Justiciability and Preliminary Rulings +1 more

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Parties

Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Forests

Petitioner

Chief Ron M. Derrickson and Mickey Werstuik as representatives of the Westbank First Nation and all other persons engaged in the cutting, damaging or destroying of Crown timber at Timber Sale Licence A57997, Block 1

Respondents

Procedural Posture

Petition Alleging Constitutional Challenge to Provisions of the Forest Practices Code / Preliminary Motion Under Rule 18 a Seeking Ruling on Suitability for Summary Trial and Ability to Rely on Others' Aboriginal Rights

Legal Issues

  1. 1 Whether sections 96 and 123 of the Forest Practices Code are unconstitutional for permitting unstructured discretion that risks infringing aboriginal rights and title
  2. 2 Whether the court can decide the suitability of the matter for summary disposition under Rule 18A in the absence of evidence
  3. 3 Whether respondents may rely on the aboriginal rights of others and apply the Sparrow test to challenge constitutionality on a preliminary motion

Ratio Decidendi

The respondents' application for a preliminary ruling is dismissed as premature because constitutional challenges implicating aboriginal rights are fact driven and the court lacks jurisdiction to determine the suitability for Rule 18A summary disposition in the absence of evidence; therefore the question cannot be resolved on hypothetical or possible facts.

Court Disposition

Respondents' application for a preliminary ruling dismissed

Orders

  • Respondents' application for a preliminary ruling dismissed