R. v. Esso Resources Canada Ltd., (1983) 46 A.R. 375 (NWTTC)

• Judge: Bourassa, J.
• Court: Territorial Court of Northwest Territories (Canada)
• Case Date: February 28, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 46 A.R. 375 (NWTTC)

R. v. Esso Resources Can. Ltd. (1983), 46 A.R. 375 (NWTTC)

MLB headnote and full text

R. v. Esso Resources Canada Limited

Indexed As: R. v. Esso Resources Canada Ltd.

Northwest Territories Territorial Court

Bourassa, J.

February 28, 1983.

Summary:

An oil company was found guilty of discharging a pollutant into the MacKenzie River, contrary to the regulations made pursuant to s. 728 of the Canada Shipping Act. The Northwest Territories Territorial Court fined the company $8,000.00.

Pollution Control - Topic 9106

Offences - Absolute liability offences - Discharge of pollutant - The Northwest Territories Territorial Court held that a charge of discharging a pollutant contrary to the regulations made under s. 728 of the Canada Shipping Act was an absolute liability offence, for which there was no defence of due diligence - See paragraph 2.

Pollution Control - Topic 9183

Offences - Sentencing - Considerations - The Northwest Territories Territorial Court held that deterrence was the most important factor in sentencing for offences under environmental protection legislation - See paragraphs 11 to 12.

Cases Noticed:

R. v. Vessel of the City of Gilford (1976), 27 C.C.C.(2d) 212, refd to. [para. 2].

R. v. M. V. Vancouver Forest, [1972] 4 W.W.R. 259, refd to. [para. 2].

R. v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 21 N.R. 295; 40 C.C.C.(2d) 353; 3 C.R.(3d) 30; 85 D.L.R.(3d) 161, refd to. [para. 2].

R. v. Panarctic Oils Ltd. (1983), 43 A.R. 199; 12 C.E.L.R. 29, refd to. [para. 9].

R. v. Kenaston Drilling (Arctic) Ltd. (1973), 12 C.C.C.(2d) 383, refd to. [para. 19].

R. v. United Keno Hill Mines Limited (1980), 10 C.E.L.R. 43, refd to. [para. 19].

Statutes Noticed:

Canada Shipping Act, R.S.C. 1970, c. S-9, sect. 752 [para. 1].

Oil Pollution Prevention Regulations, sect. 5 [para. 1].

Counsel:

G. Bickert, for the Crown;

R. Pittman, for the accused.

This case was heard at Norman Wells, Northwest Territories, before Bourassa, J., of the Northwest Territories Territorial Court, who delivered the following judgment on February 28, 1983.