R. v. Placer Development Ltd., (1982) 49 A.R. 227 (NWTSC)

Judgede Weerdt, J.
CourtSupreme Court of Northwest Territories (Canada)
Case DateMarch 19, 1982
JurisdictionNorthwest Territories
Citations(1982), 49 A.R. 227 (NWTSC)

R. v. Placer Dev. Ltd. (1982), 49 A.R. 227 (NWTSC)

MLB headnote and full text

R. v. PLACER DEVELOPMENT LIMITED

(No. 2392)

Indexed As: R. v. Placer Development Ltd.

Northwest Territories Supreme Court

de Weerdt, J.

March 19, 1982.

Summary:

The accused company was charged with ten counts of diverting the flow of water within a water management area, contrary to s. 3(2) of the Northern Inland Waters Act. The Northwest Territories Territorial Court acquitted the accused. The Crown appealed.

The Northwest Territories Supreme Court, in a judgment reported at 38 A.R. 197, allowed the appeal and convicted the accused on nine counts of diversion.

The Northwest Territories Supreme Court fined the accused $21,000.

Waters - Topic 8044

Offences - Intent or mens rea - Strict liability offences - The Northwest Territories Supreme Court held that the offence of diverting the flow of water within a water management area, contrary to s. 3(2) of the Northern Inland Waters Act, was a strict liability offence - See paragraph 12.

Waters - Topic 8364

Offences - Sentence - Diversion - An exploration and development company was convicted on nine counts of diverting the flow of water within a water management area, contrary to s. 3(2) of the Northern Inland Waters Act - The company had diverted a river to prevent erosion of a winter road it had constructed - There was no environmental damage and the work was done in anticipation of authorization which never came - The Northwest Territories Supreme Court fined the company $21,000 - See paragraphs 12 to 22.

Cases Noticed:

R. v. Canadian Industries Ltd. (1978), 8 C.E.L.R. 121 (Y.T. Mag. Ct.), dist. [para. 14].

R. v. Kenaston Drilling (Arctic) Ltd. (1973), 12 C.C.C.(2d) 383, folld. [para. 16].

Counsel:

D.E.L. Beach, for the Crown;

Gabriella Lang, for the accused.

This case was heard at Yellowknife, Northwest Territories, on March 19, 1982, before de Weerdt, J., of the Northwest Territories Supreme Court, who delivered the following judgment on March 19, 1982:

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