Digest: R v Big River First Nation, 2018 SKQB 109

• Date: April 05, 2018

Reported as: 2018 SKQB 109

Docket Number: CR 184/17 JCPA , QB17483

Court: Court of Queen's Bench

Date: 2018-04-05

Judges:

• Meschishnick

Subjects:

• Statutes � Interpretation � Canadian Environmental Protection Act, 1999, Section 272
• Environmental Law � Canadian Environmental Protection Act, 1999, Section 238 � Sentencing � Appeal

Digest: The respondent, Big River First Nation, pled guilty to a summary offence charge of failing to comply with an Environmental Protection Compliance Order contrary to s. 238(1) of the Canadian Environmental Protection Act, 1999 (CEPA) and was sentenced by the Provincial Court judge to a fine of $10,000. The Crown appealed the sentence on the ground that the sentencing judge erred in interpreting s. 272 of CEPA when he categorized the respondent as an individual rather than a person.
HELD: The appeal was allowed. The respondent was sentenced as a person and ordered to pay a fine of $100,000. The sentencing judge erred in characterizing the respondent as an individual under CEPA because the respondent could not be imprisoned and the legislation provided that as one of the penalties that could be imposed upon an individual. As it was not a small revenue corporation under CEPA either, the respondent could only be a person and subject to the fine prescribed under s. 272(3)(b)(i). The Crown had taken the position that if the court made the determination that the respondent was an individual, it would not seek a penalty above the minimum of $100,000 prescribed by the section.

Federal Statutes Considered:

• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 2
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 3
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 95
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 169
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 179
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 205
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 238(1)
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 238(1)(a)
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 272
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 272(2)
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 272(2)(b)
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 272(3)
• Canadian Environmental Protection Act, 1999, SC 1999, c 33, s 272(3)(b)(i)
• Canadian...