Prince Rupert Port Authority was in court on Dec. 19 for charges relating to provincial environmental charges and federal fisheries offences. (Shannon Lough / The Northern View)

B.C. port challenges four Environmental Management Act charges

B.C. Ministry of Environment laid four charges on the port for burning prohibited materials

Prince Rupert Port Authority will be challenging the provincial government’s environmental charges for burning treated wood for five days on Ridley Island.

A pre-trial conference was held at the Prince Rupert Courthouse on Wednesday, Dec. 19. While no actual facts were agreed to on the record, the port’s defence advised they would be forthcoming with constitutional arguments.

The B.C. Ministry of Environment laid four charges under the Environmental Management Act for an incident involving burning prohibited materials between June 22-27, 2017, on Ridley Island. Neighbouring residents from Port Edward complained about the smoke prompting a Conservation Officer to investigate.

READ MORE: Port charged with burying burnt remains of treated wood

Following the incident, the Prince Rupert Port Authority (PRPA) apologized to the community in a public statement.

“PRPA misclassified some non-organic materials in that burn as organic and subsequent to discovering the error we apologized to the community for that error in the aftermath. Obviously we’ve worked extremely hard and we take a lot of pride in being an organization that is prioritizing the environment and our operations over time, and as we said then, we’ve made and we will continue to make changes to make sure that doesn’t happen again,” said Ken Veldman, VP of public affairs and sustainability at the Prince Rupert Port Authority.

At the pre-trail, defence lawyers, Michael Manhas and Matthew Keen from Northon Rose Fulbright based in Vancouver, made it clear that the port authority plans to challenge the provincial charges by raising constitutional arguments and claiming Crown agent immunity.

“We are going to be challenging the provincial government’s charge in this case on a constitutional point that the provincial law doesn’t apply to federal agencies. That principal of maintaining federal jurisdiction over the federal land that we administer is important to our ongoing responsibilities and operations. In other words, there’s a precedent here,” Veldman said.

Judge Dwight Stewart set Feb. 15, 2019 as the due date for the defence lawyers to submit their written defence and give constitutional notice.

In another matter raised at the pre-trial, Judge Stewart said that as a judge in a small town he is concerned about the how this will appear to community members as he is familiar with senior management at the port authority.

“With a matter of this nature there would be problems with matters of credibility,” he said.

While he feels he can adjudicate fairly, he worries how this may appear publicly. Judge Stewart will continue as the case management judge but another judge may be called in for the trial on June 10, 2019.

A second pre-trail date will be arranged for the last week of February.

10 fisheries violations

The port authority, DP World and its contractors for the Fairview Terminal expansion were also in court on Dec. 19 for another matter.

On Nov. 2, Fisheries and Oceans Canada (DFO) laid 10 charges for fisheries violations against the port and its partners for work that was carried out during the terminal expansion that allegedly resulted in “serious harm to fish”.

The next court date has been set for Jan. 30 at 9 a.m. to consult with legal counsel.

READ MORE: Prince Rupert port and DP World faces 10 fisheries violations



shannon.lough@thenorthernview.com

Like us on Facebook and follow us on Twitter

Just Posted

Ucluelet Aquarium wraps up season with release day event

Residents help release charismatic critters on Dec. 7.

Tofino shops set to sparkle during weekend’s Jingle Into Christmas celebration

“It’s like a family reunion. It’s nice to see the locals’ faces.”

Child care sector feels the squeeze in Alberni-Clayoquot Regional District

There are five children for every licensed child care space in the ACRD

Surfrider Pacific Rim hopes unique wetsuit recycling program stays local to the Coast

“We really want to see someone locally or regionally take this on and use this material locally.”

Residents push back against renaming Ucluelet Secondary School

“We are just fine thanks, put the money into our children’s education.”

VIDEO: Boys help rescue Cariboo bear cub

The cub, weighing just 24lbs, has been taken to wildlife sanctuary in Northwest B.C. for the winter

Kelowna man attempts to steal bait bike from RCMP parking lot

38-year-old Brian Richard Harbison is facing several charges

‘Things haven’t changed enough:’ Ecole Polytechnique anniversary prompts reflection

Fourteen women were fatally shot by a gunman at the Montreal school on Dec. 6, 1989

Bear raids freezer, gorges on Island family’s Christmas baking

Hungry bruin virtually ignored meat and fish, focused, instead, on the sweets

B.C. pharmaceutical company’s stocks double in value after successful lupus drug trial

More than 40 per cent of patients using voclosporin saw improvements in kidney function

Second warning on romaine lettuce from California region as another E. coli case reported

Two cases of E. coli have been reported in relation to the illness in the U.S.

Residents in B.C. city could face 133% tax hike in ‘worst case’ lawsuit outcome: report

An average home could see a tax increase of $2,164 in one year

B.C. Transit finds 28 used fareboxes online, saves $300,000

‘Someone joked maybe we can buy used fareboxes on eBay,’ CEO says

Many of Canada’s working poor can’t afford lawyers, don’t qualify for legal aid

One lawyer says many people earn too much to qualify for legal aid, but not enough to really live on

Most Read