Final Flashcards
What case set precedent for environmental sentencing for corporations?
- Keno Hill Mines LTD.
What was Zellerbach charged with?
- 2 counts of dumping waste without a permit, contrary to s 4(1) of the Ocean Dumping Control Act
Zellerbach was acquitted of these charges.
- True
What company in Vancouver Island used a crane to scoop waste wood from the ocean floor to deposit said wood within deeper waters within Beaver Cove?
- Zellerbach Canada LTD.
What was the Zellerbach decision?
- Due to ultra vires being stated and that the wood dropped has no negative impact on the environment the case was dismissed at appeal
What is the importance in the Zellerbach Case?
- The importance is that now all matters relating to the ocean within the jurisdiction of the federal government, whether the ocean be within provincial boundaries or not
What were the fine amounts for Zellerbach?
- $75,000 per charge = $150,000
What case dealt with personal liability on top of corporation liability?
- Bata Industries
What was Bata charged under?
- The Ontario Water Resource Act and the Environmental Protection Act
What was Bata charged with?
- Operating a waste management system contrary to s 27(a) of the EPA
- Failing to submit a report contrary to s 15(10) of the EPA Regs
- Failing to notify the causing of a discharge contrary to s 14(1) of the EPA
- Causing or permitting a discharge of liquid industrial waste contrary to s 16(1) of the OWRA
- Failing to notify the causing of discharge contrary to s 16(2) of the OWRA
What were the fine amounts for Bata?
- $60,000 for chemical waste discharge and underground contamination
- $60,000 contribution to establishing a toxic waste disposal program = $120,000
- The president of Bata and one of the directors were both personally fined $12,000 each as they knew about the leak 6 months prior and did not report it or take reasonable steps to prevent the contamination
How much did Bata have to pay after appealing?
- After appealing Bata had to pay $90,000 as a company and the directors had to pay $6,000
How was precedent set from the Bata case?
- This case affected how fines / charges of company vs individuals are handled. This legal precedent was set in a way that ensures companies do not have to and are not responsible for paying individual fines to company employees. As well as every party involved are legally responsible for paying these fines.
What was the city of Sault Ste. Marie charged under?
- S 32(1) of the Ontario Water Resource Act – discharging or permitting to be discharged, refuse into the public waterways causing pollution
What is the significance of this case?
- This case introduced strict liability as an alternative defense between mens rea and absolute liability
What company and its director had an EPO issued to them?
- Envirogun and director Clint Kimery
What was Envirogun charged with?
- Failing to comply with an order
The owner of Envirogun appealed the EPO, claiming that because he was not the owner of the property at the time and that there was different working on the EPO compared to Notice of Intent.
- True
What was the sentencing of Envirogun?
- $10,000 to the Environmental Damages Fund and 3 years probation
What was the significance the Envirogun case?
- Raised awareness of the legal obligations and potential consequences related to non compliance related to hazardous waste operators within out province
What was Gemtec charged under?
- S 36(3) of the Federal Fisheries Act – depositing a deleterious substance into a body of water
How much did Gemtec have to pay?
- Gemtec fined $25,00
- The city of Moncton was fined $10,000 with an additional $2,000 ordered to pay to the Jonathan Creek foundation, with another $5,000 paid to the Environmental Damages Fund = $17,000
- The lead engineer was fined $3,000 - $1,000 fine, $1,000to the Environmental Fund
- City of Moncton paid $700,000 in remediation
What was the city of Dawson charged with?
- S 36(3) of the Fisheries Act- releasing a deleterious substance
What city dumped raw sewage into the Yukon River?
- The city of Dawson
