406 Final Flashcards
Environmental Investigations compromise of these components
- Priorities
- Info and Intelligence
- Initiate Investigation
- Incident itself
- Environmental Elements
Offence types determined by R V. Sioux St Marie
- Strict and absolute liability
Mens rea
Four components of a sampling plan
- Objectives
- Sampling matrix
- Sampling methods/procedures
- PPE requirements
Sampling equipment
Before the crown can proceed what does he have to determine
Reasonable likelihood of conviction
Physical indicators of contamination
- Sheen/staining on water
Dead fish /invertebrates /vegetation.
Other legislation other than EMPA that can be used for your investigation
Federal Fisheries, Hazardous Waste Regulations
Arrest authority under EMPA
None, may only arrest via Criminal Code
Purpose of an EPO
to stop activity and force remediation
How long can you seize an item for?
45 days
Who can you take with you on an investigation - Duty to Assist?
Anyone who has clearance to assist an officer, certified individuals
Inspection authorities under EMPA - What can you inspect?
Paperwork, permits, samples, grounds, chemicals, operator records
Entry over land under EMPA - Know your rights
An officer or qualified person accompanying officer may enter on or pass over land, without a warrant. Section 81 EMPA.
How would you prove an adverse affect in court
photos, samples, carcasses, dead vegetation
Who can you serve a production order to?
Anyone other than the accused
