Thursday, December 14, 2006

ENVIRONMENTAL LAW: COMPLIANCE & OFFENCES - Use of Jail Time in Sentencing in Environmental Cases - May 31, 2006

by Peter Brady of McCarthy Tétrault

A British Columbia appeal court has looked recently at the issue of the appropriateness of jail time in convictions for breach of environmental legislation.

Alpha Manufacturing held a permit to operate a landfill in Delta, B.C. Eleanor Anderson was the principal officer of Alpha. Alpha’s permit restricted dumping to a specific area.

The Ministry of the Environment (MOE) became concerned that Alpha was dumping outside the permitted area. There was correspondence back and forth between the MOE and Anderson but, in the meantime, the dumping continued. The MOE finally issued a letter ordering Alpha to stop dumping and to remove the material already dumped outside the permit zone. Alpha did not comply with either demand. More Info...