Environmental Laws: A Field Guide for BC’s North and Central Coast and Haida Gwaii
Produced by the Environmental Law Centre of the University of Victoria for the Coastal Guardian Watchmen Network (a project of the Coastal First Nation Great Bear Initiative) May, 2011
See page 74 for the section on Ecological reserves.
“This Field Guide is provided for general information as a public and educational resource. The law is complex and ever-changing and this publication is not and cannot provide a complete and accurate statement of the current law and should not be relied upon as such. We attempt to ensure the accuracy of the material provided; however, much of the information is produced by students, not lawyers, and we cannot guarantee that it is correct, complete or up to date. The Environmental Law Centre does not warrant the quality, accuracy or completeness of any information in this document. Such information is provided “as is” without warranty or condition of any kind. The information provided in this document is not intended to be legal advice. Many factors unknown to us may affect the applicability of any statement or comment that we make in this material to your particular circumstances. This information is not intended to provide legal advice and should not be relied upon. Please seek the advice of a competent lawyer.”
The Main Purpose of this Field Guide: Helping You Identify a Potential Offense
When you see suspicious activity, use Part 2 this Field Guide to see if the activity is actually illegal. Once you find an offense that might apply, review the Guide description of the offense to see what the key legal elements of the offense are.
Legal elements are the essential ingredients of an offense – the facts or conditions that must be proven to convict. For example, for the offense of fishing in an area closed to fishing, two main legal elements need to be proven:
• that the area was closed to fishing of the type being done.
Once you know the legal elements of the offence, you can look for evidence to prove those legal elements. What evidence is there that the person was fishing? And what evidence is there that the area is closed to this type of fishing?
Some Legal Background: What Must be Proven?
To prove an offense or contravention, it is necessary to prove:
1. Who, when, where — (the “primary elements”); and 2. What — (the “legal elements of the offense.”)
Primary Elements + Legal Elements of the Offense = Proof of the Offense
In other words:
Who + When + Where + What = Conviction
Look for information and evidence to prove both the primary elements and the legal elements of the offense!