The Sunshine Coast Conservation Association (SCCA) celebrated a small victory this week in B.C. Supreme Court.
On Monday, the court quashed the Association of B.C. Forest Professionals' (ABCFP) decision to dismiss a complaint from the SCCA.
Concerned about species at risk, the SCCA complained to the ABCFP against a registered professional forester operating in Jervis Inlet. It alleged that unprofessional and unethical practices had resulted in severe damage to marbled murrelet nesting habitat, mountain goat winter ranges and rare stands of old growth.
In her court ruling, Madame Justice Gray's decision clarified the role of the ABCFP registrar in accepting or rejecting complaints from the public. The registrar, she ruled, does not have the power to evaluate the evidence. The registrar can only consider whether or not a complaint alleges breaches of law or other rules. If it does, it is the registrar's duty to refer the complaint to the investigation process.
"This is a step forward for the public and the profession," said SCCA executive director Daniel Bouman. "Because, from now on, complaints can not be arbitrarily dismissed at the intake stage without proper review. We hope that foresters will now accept accountability as a prerequisite of professionalism and begin to practice genuine stewardship toward species at risk and other important environmental values."
For its part, the ABCFP says they welcome the results of this judicial review and that they "received the direction it wanted" from the court regarding the SCCA complaint.
"Because the relevant section of the Foresters Act is open to interpretation, I felt strongly that the association should take on the costs of clarifying the legislation, not a member," said Jerome Marburg, ABCFP general counsel and registrar. "This is particularly true when one of the potential consequences of proceeding without the law being clarified is that the association would engage in prosecutorial misconduct. We feel that these questions should always be resolved at the expense of the regulatory body rather than the member.
"Administrative fairness must be carried out in all cases whether it involves a member, the public or other stakeholder. Each party must be able to rely on the fact that their issues will be dealt with in a fair manner."
Marburg said since 2001, there have been 16 complaints, of which only six, including the SCCA complaint, were from sources other than members of the association.
"Of the six non-member complaints, one was dismissed by the complaint resolution committee, two were resolved through alternative dispute resolution methods, one was dismissed after an investigation, and one was referred to a mediator and settled after an investigation.
As for the SCCA complaint, the registrar will now reconsider it in light of the direction given by the court.
"We examine every complaint we receive," said Sharon Glover, executive director of the ABCFP. "All complaints, whether received from a member of the public or other ABCFP members are taken seriously and are treated equally."
