U.S. billionaire appeals fishing access to his giant B.C. ranch, no access to reproductive material after death, and a sexual assault appeal

Published: Nov. 27, 2020, midnight

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The Douglas Lake Ranch is the largest private landholding in British Columbia. It\\u2019s owned by Stan Kroenke, a US billionaire who also owns the NHL\\u2019s Colorado Avalanche and the NFL\\u2019s L.A. Rams.\\xa0

The ranch has been involved in a legal dispute for years attempting to stop people from using a road the runs through the ranch, and two lakes that are surrounded by ranch property but owned by the Province of British Columbia.\\xa0

In 2018 the Nicola Valley Fish and Game Club was successful in BC Supreme Court. The judge who heard the case examined historical documents, photographs, and survey and determined that the road in question was a public road and that the public was permitted to use it to access the lakes in question.\\xa0

This decision and an appeal by the ranch to the BC Court of Appeal are discussed on the show.

Also discussed are two other decision by the BC Court of Appeal:

The court dismissed an appeal from a woman who was seeking permission to use reproductive material from her late husband who died suddenly. The reproductive material was preserved as a result of an urgent, after hours, court application.

In Canada, the Assisted Human Reproduction Act, from 2004, prohibits the use of such material, absent written permission from the doner. Because the husband died suddenly, there was no written permission and, as a result, the Court of Appeal concluded that the reproductive material could not be used.\\xa0

Finally, the Court of Appeal allowed an appeal from a conviction for sexual assault. The appellant was a 29-year-old woman who was convicted of sexually assaulting a 13-year-old boy. Because of the age of the boy, he would have been unable to consent to the activity as a matter of law.\\xa0

The woman testified at trial that the boy had sexually assaulted her and that she felt paralyzed at the time and was unable to say no or cry out for help.\\xa0

The appeal was allowed on the basis that the trial judge had not properly instructed the jury on the impermissibility of applying myths or stereotypes concerning how a victim of a sexual assault would have behaved.

Follow this link for a transcript of the episode and links to the cases discussed.

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