I confess to finding the situation rather surreal — one, indeed, that would have excited the admiration of Lewis Carroll. The Province, forced to return copies of documents it seized unlawfully, gives them over only to attempt immediately to seize them again pursuant to its Forest Act powers. But those powers entitle it to the production only of certain items; in asserting that the boxes contained such items, it seemed to be relying on information it obtained unlawfully. On the other hand, for [the petitioners] to argue that the Province is accordingly obliged to accept [the petitioners] denials on their face though knowing them to be untrue, was hardly reassuring.
Lemare Holdings Ltd., Re |
2012 CarswellBC 3294 |
British Columbia Supreme Court