by Dean Watt (Calgary Office) of Borden Ladner Gervais
In R. v. Terroco Industries Limited (released April 8, 2005), the Alberta Court of Appeal addressed appropriate sentencing considerations for convictions under environmental legislation. In this case, as a result of the improper mixing of chemicals in a transport tank by an employee of the defendant Terroco, chlorine gas was released into the environment injuring a fellow employee. The liquid mixture dissolved the seals on the tank resulting also in a release of liquid to the environment. These releases are offences under Alberta’s Environmental Protection and Enhancement Act (the “EPEA”) and Dangerous Goods Transportation and Handling Act (the “Dangerous Goods Act”). At the initial sentencing, Terroco was sentenced to a $50,000 fine under the EPEA and a $500 fine under the Dangerous Goods Act. The Crown successfully appealed the sentence to the Court of Queen’s Bench and the penalties were increased to $150,000 and $15,000 respectively. More Info...
