The Crown is appealing a ruling that stayed charges against a Calgary company in the Lemon Creek fuel spill of 2013.
Federal prosecutors are challenging a decision that it took too long for the case against Executive Flight Centre to get to court.
Slocan Valley resident Marilyn Burgoon, who started the case as a private prosecution, is pleased.
The Supreme Court of Canada’s Jordan decision said an accused’s rights are violated if cases do not come to trial within 18 months of charges being laid.
The appeal will be heard in April.
Executive Flight Centre owned the truck that spilled 33,000 litres of jet fuel into Lemon Creek.
Meanwhile the case against the BC government and truck driver stemming from the same incident continues in January.
Each faces eight environmental and fisheries act charges.