R. v. Panarctic Oils Ltd., (1983) 44 A.R. 385 (NWTTC)

JudgeBourassa, J.
CourtTerritorial Court of Northwest Territories (Canada)
Case DateJanuary 01, 1983
JurisdictionNorthwest Territories
Citations(1983), 44 A.R. 385 (NWTTC)

R. v. Panarctic Oils Ltd. (1983), 44 A.R. 385 (NWTTC)

MLB headnote and full text

R. v. Panarctic Oils Limited

Indexed As: R. v. Panarctic Oils Ltd.

Northwest Territories Territorial Court

Bourassa, J.

January, 1983.

Summary:

Panarctic Oils Limited was charged under s. 4(1) of the Ocean Dumping Control Act, S.C. 1974-75-76, c. 55, with dumping waste through the ice of the Arctic Ocean at an oil drilling site. Under the extreme pressure of approaching rigout Panarctic's employees on the drill site dumped a tremendous amount of waste through the ice, including hundreds of 45 gallon drums with chemical residues of various sorts, hundreds of bags of caustic soda and barite, cement, scrap metal, paper, plastic, drilling mud, anti-freeze and a pick-up truck. Panarctic had not instructed its employees on waste disposal. The drilling foreman, who was in charge of the site, knew of the dumping.

The Northwest Territories Territorial Court convicted Panarctic after rejecting its defence of due diligence. The court found that Panarctic knew of the dumping through the knowledge of the drilling foreman and its lack of policy and instruction respecting waste disposal constituted an absence of due diligence or reasonable care.

Panarctic was sentenced to a fine of $150,000 plus two years probation in a judgment already reported at 43 A.R. 199.

Constitutional Law - Topic 774

Territorial limits - Provinces - Northwest Territories - The Northwest Territories Territorial Court held that it had jurisdiction over pollution control offences in the Canadian Arctic Archipelago - See paragraph 3.

Criminal Law - Topic 30

Mens rea or intention - Offences of mens rea, absolute liability or strict liability - Strict liability offences offering defence of due diligence - The Northwest Territories Territorial Court held that under s. 17 of the Ocean Dumping Control Act, S.C. 1974-75-76, c. 55, the offence of ocean dumping was one of strict liability, permitting the defence of due diligence - See paragraphs 6, 17.

Pollution Control - Topic 24

Mens rea or intention - Strict liability offences - The Northwest Territories Territorial Court held that under s. 17 of the Ocean Dumping Control Act, S.C. 1974-75-76, c. 55, the offence of ocean dumping was one of strict liability, permitting the defence of due diligence - The court found that the drilling foreman's knowledge of dumping on an Arctic Ocean drill site constituted knowledge of the corporate owner of the drilling rig - The court held that the company's absence of a policy or instruction of its rig employees respecting waste disposal constituted a lack of due diligence or reasonable care - See paragraphs 17 to 31.

Pollution Control - Topic 4081

Water - Dumping - General - Employees on an Arctic Ocean oil drilling rig dumped a tremendous amount of waste material and machinery through the ice of the Arctic Ocean at a drilling site - The drilling foreman was aware of the dumping - The Northwest Territories Territorial Court convicted the corporate owner of the drilling rig of dumping contrary to s. 4(1) of the Ocean Dumping Control Act, S.C. 1974-75-76, c. 55, after rejecting the company's defence of due diligence or reasonable care, because of its lack of policy or instruction of employees respecting waste disposal.

Cases Noticed:

Anglo-Norwegian Fish Case, [1951] I.C.J. Rep. 4, appld. [para. 3].

R. v. City of Sault Ste. Marie, [1978] 2 S.C.R. 1299; 21 N.R. 295; 40 C.C.C.(2d) 354; 85 D.L.R.(3d) 161; 3 C.R.(3d) 30, appld. [para. 17].

Tesco Supermarkets Ltd. v. Nattrass, [1979] 2 All E.R. 127 (H.L.), appld. [para. 20].

R. v. Gonder, 62 C.C.C.(2d) 326, appld. [para. 24].

Grain Growers Export Co. v. Canada Steamship Lines Limited (1918), 43 O.L.R. 330 (Ont. App. Div.), appld. [para. 25].

R. v. Gulf of Georgia Towing Co. Ltd., [1979] 3 W.W.R. 84 (B.C.C.A.), appld. [para. 26].

R. v. McMillan Bloedel Industries Ltd. (1974), 13 C.C.C.(2d) 459 (B.C. Prov. Ct.), appld. [para. 26].

R. v. Centre Datsun Ltd. (1976), 29 C.C.C.(2d) 78 (Ont. Prov. Ct.), appld. [para. 26].

Statutes Noticed:

Ocean Dumping Control Act, S.C. 1974-75-76, c. 55, sect. 2(1) [para. 2]; sect. 2(2)(d) [para. 4]; sect. 4(1) [para. 1]; sect. 4(2) [para. 4]; sect. 11 [para. 5]; sect. 13(1) [para. 5]; sect. 17 [paras. 16, 17].

Authors and Works Noticed:

Pharand, Donat, La Contribution Du Canada Au Developpement Du Droit International Pour La Protection Du Milieu Marin: Le Cas Special De L'Arctique, Etudes Internationales, Vol. XI, Numero 3 (September 1930), [para. 3].

Counsel:

Geoffrey M. Bickert, for the Crown;

Gabriella Lang, for the defence.

This case was heard at Yellowknife, Northwest Territories, before BOURASSA, J., of the Northwest Territories Territorial Court, who delivered the following judgment:

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