R. v. Chisum Log Homes and Lumber Ltd. et al., 2009 SKPC 31

• Judge: Harradence, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: February 27, 2009
• Jurisdiction: Saskatchewan
• Citations: 2009 SKPC 31;(2009), 333 Sask.R. 66 (PC)

R. v. Chisum Log Homes (2009), 333 Sask.R. 66 (PC)

MLB headnote and full text

Temp. Cite: [2009] Sask.R. TBEd. MR.020

Her Majesty the Queen v. Chisum Log Homes and Lumber Ltd., Corporation #309621 and Garry Varga

(Information No. 37262946; 2009 SKPC 31)

Indexed As: R. v. Chisum Log Homes and Lumber Ltd. et al.

Saskatchewan Provincial Court

Harradence, P.C.J.

February 27, 2009.

Summary:

Chisum Log Homes and Lumber Ltd. and Varga, its President and sole Director, were charged with operating a processing facility without a licence, contrary to s. 18.1(1) of the Forest Resources Management Act (Sask.).

The Saskatchewan Court of Queen's Bench found the accused guilty.

Forests and Forest Products - Topic 5205

Offences - General - Operating a processing facility without a licence - Chisum Log Homes and Lumber Ltd. and Varga, its President and sole Director, were charged with operating a processing facility without a licence, between August 7 and September 8, 2007, contrary to s. 18.1(1) of the Forest Resources Management Act (Sask.) - Chisum assembled log home packages which were sold to customers world-wide - Chisum bought wood from area operators to be used in its packages - One of these operators was L & M Wood Products - L & M, through its contractor, P & E Logging, harvested wood and sold it to pulp mills, saw mills and other customers such as Chisum - Steps were taken by P & E and L & M to identify and sort to ensure that the logs provided to Chisum were satisfactory for their purpose - P & E and L & M had both a Forest Management Agreement and a Forest Product Processing Facility Licence - In August to September 2007, L & M delivered logs to Chisum - Chisum took additional steps to prepare these logs for inclusion in the log home packages which it sold - Chisum did not have a Forest Product Processing Facility Licence - The Saskatchewan Court of Queen's Bench held that Chisum required such a license as it was involved in the "manufacture" of a forest product for the log home industry - It found the accused guilty.

Cases Noticed:

R. v. Provincial Forest Products Ltd. (2000), 197 Sask.R. 189; 2000 SKQB 371, refd to. [para. 17, footnote 5].

Statutes Noticed:

Forest Resources Management Act, S.S. 1996, F-19.1, sect. 2(r), sect. 2(w) [para. 10].

Authors and Works Noticed:

Driedger, Elmer A., Construction of Statutes (3rd Ed. 1994), pp. 69 [para. 23, footnote 7]; 85, 86 [para. 22, footnote 6].

Counsel:

Inez Cardinal, Q.C., for the Crown;

Eric Lanoie, for the accused.

This case was heard by Harradence, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on February 27, 2009.