R. v. Ambrosi (D.) et al., 2014 BCCA 325

• Judge: Bauman, C.J.B.C., Chiasson and Frankel, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: February 12, 2014
• Jurisdiction: British Columbia
• Citations: 2014 BCCA 325;(2014), 360 B.C.A.C. 106 (CA)

R. v. Ambrosi (D.) (2014), 360 B.C.A.C. 106 (CA);

    617 W.A.C. 106

MLB headnote and full text

Temp. Cite: [2014] B.C.A.C. TBEd. AU.028

Regina (respondent) v. Dan Ambrosi and Valleyview Enterprises Ltd. (appellants)

(CA039870; 2014 BCCA 325)

Indexed As: R. v. Ambrosi (D.) et al.

British Columbia Court of Appeal

Bauman, C.J.B.C., Chiasson and Frankel, JJ.A.

August 14, 2014.

Summary:

The defendants operated a landfill operation in the City of Kamloops. The operation was subject to a permit which required it to cover material acceptable to the regional waste manager no less than once every five days, and to submit annual reports. In June 2007, the Kamloops Fire Department responded to a fire at the landfill that was caused when a demolition company dumped hot materials from a recent house fire. The defendants were subsequently charged and convicted of offences under s. 120(7) of the Environmental Management Act (EMA). The defendants were ordered to pay fines totalling $22,500. They were also ordered to pay the City of Kamloops $31,394.11 for firefighting costs pursuant to s. 127(1)(i) of the EMA. The defendants appealed from conviction and sentence. One issue was whether s. 127(1)(i) authorized the making of a restitution order.

The British Columbia Supreme Court, in a decision reported at [2012] B.C.T.C. Uned. 409, dismissed the appeals and concluded that the trial judge did not err in making a restitution order under s. 127(1)(i). The defendants appealed that finding.

The British Columbia Court of Appeal allowed the appeal and set aside the order requiring the defendants to pay $31,394.11 to the City of Kamloops. When the legislature intended to provide a sentencing judge with the power to order an offender to pay compensation or restitution, it did so expressly. Under the EMA, such orders could only be made in favour of the government, not anyone who had suffered a loss or incurred expenses as a result of the commission of an offence.

Pollution Control - Topic 9181

Offences - Sentencing - General - See paragraphs 18 to 46.

Statutes - Topic 1450

Interpretation - Construction where meaning is not plain - Aids or methods to determine meaning - Legislative history - Reference to prior versions or amendments - See paragraphs 18 to 46.

Statutes - Topic 1565

Interpretation - Construction where meaning is not plain - Implied meaning - Cases where express language necessary - General - See paragraphs 18 to 46.

Statutes - Topic 1622

Interpretation - Construction where meaning is not plain - Extrinsic aids - Other statutes - Similar statutes - See paragraphs 18 to 46.

Trials - Topic 1368

Summary convictions - Punishments - Restitution order - See paragraphs 18 to 46.

Cases Noticed:

Housen v. Nikolaisen et al., [2002] 2 S.C.R. 235; 286 N.R. 1; 219 Sask.R. 1; 272 W.A.C. 1; 2002 SCC 33, refd to. [para. 18].

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re, [1998] 1 S.C.R. 27; 221 N.R. 241; 106 O.A.C. 1, refd to. [para. 20].

R. v. Ulybel Enterprises Ltd., [2001] 2 S.C.R. 867; 275 N.R. 201; 206 Nfld. & P.E.I.R. 304; 618 A.P.R. 304; 2001 SCC 56, refd to. [para. 21].

Chieu v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 84; 280 N.R. 268; 2002 SCC 3, refd to. [para. 21].

Montreal (City) v. 2952-1366 Québec Inc., [2005] 3 S.C.R. 141; 340 N.R. 305; 2005 SCC 62, refd to. [para. 21].

McDiarmid Lumber Ltd. v. God's Lake First Nation et al., [2006] 2 S.C.R. 846; 356 N.R. 1; 212 Man.R.(2d) 7; 389 W.A.C. 7; 2006 SCC 58, refd to. [para. 21].

65302 British Columbia Ltd. v. Minister of National Revenue, [1999] 3 S.C.R. 804; 248 N.R. 216, refd to. [para. 22].

R. v. Zelensky, Eaton (T.) Co. and Canada (Attorney General) et al., [1978] 2 S.C.R. 940; 21 N.R. 372, refd to. [para. 29].

R. v. Jones (S.) (2011), 306 Nfld. & P.E.I.R. 171; 951 A.P.R. 171; 2011 NLTD(G) 18, refd to. [para. 34].

Statutes Noticed:

Environmental Management Act, S.B.C. 2003, c. 53, sect. 127 [para. 12].

Authors and Works Noticed:

Driedger, Elmer A., Construction of Statutes (2nd Ed. 1983), p. 87 [para. 20].

Driedger, Elmer A., Construction of Statutes (3rd Ed. 1994), generally [para. 22].

Sullivan, Ruth, Sullivan on the Construction of Statutes (5th Ed. 2008), pp. 411, 412 [para. 22].

Counsel:

D. Ambrosi on his own behalf and on behalf of Valleyview Enterprises Ltd.;

M.T. Ainslie, Q.C., for the respondent.

This appeal was heard at Vancouver, B.C., on February 12, 2014, and by way of supplemental submissions filed on February 19 and 27, 2014, before Bauman, C.J.B.C., Chiasson and Frankel, JJ.A., of the British Columbia Court of Appeal. Frankel, J.A., delivered the following judgment for the court on August 14, 2014.