The Crown appealed the acquittal of the respondent, Leonard Boucha, on a charge of unlawful use or occupation of land in a provincial park, contrary to the Provincial Parks and Conservation Reserve Act.
The trial court had dismissed the charge, finding it time-barred under section 53 of the PPCRA, which sets a two-year limitation period from when evidence of the offence first came to an officer's attention.
The Crown argued the offence was continuing and/or the limitation period only began when all elements of the offence, including the land being in a provincial park, were known.
The appeal court dismissed the Crown's appeal, affirming that the continuing offence doctrine was irrelevant when the limitation period is based on discovery, and that the trial court correctly found the limitation period began when the cabin was first discovered in January 2015, as the officers then had evidence of an unauthorized structure in either a provincial park or conservation reserve.
The respondent's request for costs was also dismissed.
