Decision Date: October 30, 2001

Court: B.C.C.A.; Lambert, J. Donald, J.  Huddart, J.

Cite: Vancouver Registry No. CA026440/V03552

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.