Writing for the same 5 - 4 majority as in Carosella, Justice Sopinka held, at para. 26, that where evidence has been inadvertently lost, «the same concerns about the deliberate frustration of the court's
jurisdiction over the admission of evidence do not arise.»
«Premier Horgan went to Ottawa citing B.C.'s
jurisdiction and concerns
over protection of the marine environment, despite his government's recent
admission that they were advised by their own legal experts last summer that BC has no
jurisdiction to stop the pipeline,» said Chris Gardner, President, Independent Contractors and Businesses Association.