R. v. Caseley (George M.) & Sons Inc., (2004) 241 Nfld. & P.E.I.R. 194 (PC)

• Judge: Thompson, P.C.J.
• Case Date: September 21, 2004
• Jurisdiction: Prince Edward Island
• Citations: (2004), 241 Nfld. & P.E.I.R. 194 (PC)

R. v. Caseley (G.M.) & Sons Inc. (2004), 241 Nfld. & P.E.I.R. 194 (PC);

  716 A.P.R. 194

MLB headnote and full text

Temp. Cite: [2004] Nfld. & P.E.I.R. TBEd. OC.005

Her Majesty the Queen (Informant)  v. George M. Caseley &  Sons Inc.

(defendant)

Indexed As: R. v. Caseley (George  M.) & Sons Inc.

Prince Edward Island Provincial Court

Thompson, P.C.J.

September 21, 2004.

Summary:

A company pleaded guilty to permitting a deleterious substance to enter waters frequented by fish contrary to s. 36(3) of the Fisheries Act.

The Prince Edward Island Provincial Court ordered the company to pay $12,800 compensation and imposed a $3,500 fine.

Fish and Game - Topic 2713

Offences - Sentence - Fines and penalties - Deposit of deleterious substance in water frequented by fish - A company was a potato producer - Its sprayed its fields with a pesticide - Shortly afterwards, runoff from the fields entered a nearby river and 4,500 trout were found dead - The runoff resulted from a sudden intense rainfall - The company pleaded guilty to permitting a deleterious substance to enter waters frequented by fish - The river had to be closed to recreation fishing for several years - The cost of restocking the river and monitoring its recovery totalled $12,800 - The company's financial position was precarious - There was no evidence that the offence was economically motivated - The company had no prior record and believed that it had been using safe farming practices - The Prince Edward Island Provincial Court ordered the company to pay $12,800 compensation and imposed a $3,500 fine.

Cases Noticed:

R. v. United Keno Hill Mines Ltd. (1980), 10 C.E.L.R. 43 (Yuk. Terr. Ct.), refd to. [para. 17].

R. v. Irving Oil Ltd. (1991), 121 N.B.R.(2d) 249; 304 A.P.R. 249 (Prov. Ct.), refd to. [para. 24].

R. v. Potacan Mining Co. (1996), 183 N.B.R.(2d) 54; 465 A.P.R. 54 (Prov. Ct.), refd to. [para. 24].

R. v. Miramichi Pulp, [1996] N.B.R.(2d) (Supp.) No. 14 (Prov. Ct.), refd to. [para. 24].

R. v. Shell Canada Products Ltd., [1992] B.C.J. No. 2975 (Prov. Ct.), refd to. [para. 24].

R. v. Echo Bay Mines Ltd., [1993] N.W.T.J. no. 44 (Terr. Ct.), refd to. [para. 24].

Counsel:

Paul Adams, for the Crown;

John Mitchell, Q.C., for the defendant.

This matter was heard by Thompson, P.C.J., of the Prince Edward Island Provincial Court, who delivered the following decision on September 21, 2004.