This case was heard in the New Brunswick Court of Queen's Bench.
After the Isbills were convicted in Provincial Court of having failed to obtain a permit before undertaking a watercourse or wetland alteration, they appealed to the New Brunswick Court of Queen’s Bench. After reviewing the relevant provisions of the Clean Water Act, the Court held that the Crown had failed to prove that the Isbills’ activities—which involved cutting trees along the banks of a small watercourse on their property—were prohibited by the Act. The Court therefore set aside the convictions that had been handed down by the Provincial Court.
To read about this case in the New Brunswick Court of Appeal, go to R. v. Isbill, 2006 NBCA 107 (CanLII).