British Columbia (Minister of Forests) v. Adams Lake Indian Band

British Columbia (Minister of Forests) v. Adams Lake Indian Band

Leave to appeal was granted because the applicants raised a point of sufficient novelty and importance—namely whether the chambers judge erred in granting statutory or equitable injunctions without properly applying the RJR‑MacDonald injunction test—warranting this Court's consideration on interlocutory appeal.

Citation
2000 BCCA 98
Parties
Petitioner: Her Majesty the Queen in right of the Province of British Columbia as represented by the Minister of Forests; Respondent/appellant: Chief Ronnie Jules (personal and representative capacity); Respondent/appellant: Chief Stuart Lee (personal and representative capacity); Respondent/appellant: Chief Arthur Manuel (personal and representative capacity); Respondent/appellant: David Anthony Nordquist (personal and representative capacity); Respondent/appellant: Chief Dan Wilson (personal and representative capacity)
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
10 February 2000
Procedural Posture
Petitions Under the Forest Practices Code Seeking Injunctive Relief; Interlocutory Appeals From Chambers Injunction Orders / Leave to Appeal Granted; Interlocutory Appeals to Be Scheduled for Hearing
Outcome
Leave to appeal granted in both docketed matters (CA026565 and CA026566).
Legal Topics
Injunctions, Statutory Injunction, Rjr‑mac Donald Test, S.35 Aboriginal Rights, Forest Practices Code Enforcement
Source Language
English
Administrative Law Indigenous Law Constitutional Law Forest Law Civil Procedure Injunctions Statutory Injunction Rjr‑mac Donald Test +2 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 Ronnie Jules (personal and representative capacity)

Respondent/appellant

Chief Stuart Lee (personal and representative capacity)

Respondent/appellant

Chief Arthur Manuel (personal and representative capacity)

Respondent/appellant

David Anthony Nordquist (personal and representative capacity)

Respondent/appellant

Chief Dan Wilson (personal and representative capacity)

Respondent/appellant

Procedural Posture

Petitions Under the Forest Practices Code Seeking Injunctive Relief; Interlocutory Appeals From Chambers Injunction Orders / Leave to Appeal Granted; Interlocutory Appeals to Be Scheduled for Hearing

Legal Issues

  1. 1 Whether the chambers judge erred in granting statutory or equitable injunctions to enforce stop‑work orders under the Forest Practices Code
  2. 2 Whether the RJR‑MacDonald test was properly applied in granting interlocutory injunctive relief
  3. 3 Whether actions under the Forest Practices Code engage s.35 Aboriginal rights and thus affect injunction relief

Ratio Decidendi

Leave to appeal was granted because the applicants raised a point of sufficient novelty and importance—namely whether the chambers judge erred in granting statutory or equitable injunctions without properly applying the RJR‑MacDonald injunction test—warranting this Court's consideration on interlocutory appeal.

Court Disposition

Leave to appeal granted in both docketed matters (CA026565 and CA026566).

Orders

  • Leave to appeal granted in CA026565 and CA026566.
  • Registry and counsel to arrange for timely hearing of the interlocutory appeals.