Lake Louse Ski Area Fined $2.1 Million For Unlawful Removal Of Endangered Whitebark Pine Trees

On November 30, 2018, Lake Louise Ski Area Ltd. (LLSA) was fined $2.1 million for the unlawful removal and destruction of 140 trees, including 39 whitebark pines, which are listed as an endangered species on Schedule 1 of the Species at Risk Act (SARA) and by the Committee on the Status of Endangered Wildlife (COSEWIC). The case dates back to 2014, when Parks Canada received a report that whitebark pine trees had been cut down at the ski resort. Whitebark pine, which is found in the high elevation forest ecosystems of the Rocky and Columbia Mountain chains, is declining throughout its range due to the combined effects of climate change, long-term fire suppression, mountain pine beetle outbreaks and white pine blister rust.

Following the Parks Canada investigation, two charges were laid under SARA and the Canada National Parks Act for the removal and destruction of a species at risk and for the damage and destruction of flora in a national park without the appropriate permit. In December 2017, LLSA pleaded guilty in the Provincial Court of Alberta and was convicted of the two offences.

In her judgment (R v The Lake Louise Ski Area Ltd., 2018 ABPC 280), Judge Heather Lamoureux said that: "There is a cumulative impact on the whitebark pine with potential risk of undermining the survival of the species in the decades to come." Judge Lamoureux also noted that the trees were cut in a national park, the resort failed to ensure its employees knew the whitebark pine was endangered and the trees that were destroyed were all healthy. Ultimately, Judge Lamoureux concluded that: "The risk of harm was easily foreseeable given LLSA's knowledge of standard ski hill operation involving ski trail maintenance."

This case highlights the importance of having robust training and environmental management...