In June, I found myself in Court in Kamloops, arguing in response to a Judicial Review Petition involving a 2013 order of the Surface Rights Board. Last week, the B.C. Supreme Court decided in favour of my client, New Nadina Explorations Limited.
A key issue before the Court was whether the Surface Rights Board’s interpretation of s. 11(2) of the Mineral Tenure Act was correct. In the decision under review, the SRB had found that “land under cultivation” connoted a present, active, state of cultivation for the purpose of raising a crop. As a result, the SRB found that “land under cultivation” had a seasonal aspect – once the seasonal opportunity to harvest or pasture a crop had passed, the lands would no longer be under cultivation until new cultivation activities began in the following season.
The B.C. Supreme Court found that this interpretation was correct – it was consistent with established principles of statutory interpretation and the applicable jurisprudence. The Court dismissed the Petition for Judicial Review, with costs payable to New Nadina.