Majority Of Northern Environmental Prosecutions Resulting In Fines Are Under Fisheries Act

Since 2000, nearly all of the environmental charges and fines that companies have faced in the North have been brought under the federal Fisheries Act.1 Most charges resulted from the deposition of harmful substances into water frequented by fish. The fines for these offences ranged from $1,000 to $75,000 per charge, exclusive of additional financial penalties, which ranged from $25,000 to $425,000.

There are several principles of sentencing that are unique to the North. Northern companies should ensure that they are operating in compliance with the Fisheries Act to maintain a good environmental record and avoid financial penalty.

Northwest Territories

Three corporations have been charged and fined for releasing harmful substances into water frequented by fish in the NWT since 2000, contrary to the Fisheries Act, s. 36(3):

" In 2011, Imperial Oil Resources NWT Ltd. was charged with releasing NALCO 7390, an anti-corrosive agent, into the Mackenzie River. Imperial Oil was fined $5,000 with an additional penalty of $155,000 to be used to promote the conservation and protection of fish and fish habitat in the NWT.2

" In 2011, Northwest Territories Power Corp. was charged when vegetation, earth, and permafrost soils were released into Strutt Lake after a dyke breached at its hydroelectric station reservoir.3 The company was fined $25,000 with an additional penalty of $425,000 to be spent on the conservation and protection of fish and habitat in the NWT.4 The fine reflects the fact that (1) damage was caused to fish and fish habitat, (2) a smaller fine would have not have deterred the company from offending again because of its large net income, (3) the company took quick action to respond to the deposition, and (4) the company was committed to dealing with the offence, as evidenced by CEO's presence at the company's hearing.

In 2000, the Yellowknives Dene First Nation band corporation was charged when it deposited construction waste on the shoreline of Back Bay on Great Slave Lake.5 The band corporation was ultimately fined $63,000. The fine reflects the court's disapproval at the "calculated risk" taken by the band corporation in dumping the waste for expedience and convenience.6 The Yellowknives Dene First Nation band corporation was also charged with altering, disrupting and destroying fish habitat, contrary to under the Fisheries Act, s. 35(1).

Nunavut

In Nunavut, three corporations have been charged and fined under the Fisheries Act, s...