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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

NEWS FILE PHOTO
Voters in Chilliwack, Abbotsford, Mission and Langley may head back to polls in 2021

Election of local politicians in BC vote would trigger by-elections in several Fraser Valley cities

Bertrand Creek Enhancement Society volunteers clean up Aldergrove streams. (Aldergrove Star files)
Bertrand Creek Enhancement Society looking for new members to help protect Aldergrove waterway

The society hopes to hold stream clean-ups and blackberry bush removal events this fall

Coast Spas in Langley was ordered closed by the Fraser Health Authority after 12 staff came down with COVID-19 (undated Google Street View image)
COVID-19 outbreak closes Langley spa manufacturer

Fraser Health reports 12 employees have tested positive

A scout pre-recorded his portion of the Remembrance Day service at the Fort Langley Cenotaph on Saturday, Oct. 25, 2020. Because of COVID-19, organizers have moved the event online this year. (Dan Ferguson/Langley Advance Times)
VIDEO: A stay-at-home Remembrance Day planned for Fort Langley

Organizers take the annual ceremony online

Pastor Brad Sumner is inviting Halloween trick-or-treaters to visit the Jericho Ridge Community Church for a COVID-compliant celebration. (Courtesy Jericho Ridge Community Church)
VIDEO: A drive-in Halloween at the Jericho Ridge Community Church

A COVID-compliant event for kids on the Langley-Surrey border

NDP Leader John Horgan celebrates his election win in the British Columbia provincial election in downtown Vancouver, B.C., Saturday, Oct. 24, 2020. THE CANADIAN PRESS/Jonathan Hayward
Horgan celebrates projected majority NDP government, but no deadline for $1,000 deposit

Premier-elect says majority government will allow him to tackle issues across all of B.C.

This Crescent Beach home, located at 12505 22 Ave., was subject of a police search warrant June 18. (Google image)
Civil forfeiture office alleges $2M Surrey home was used to launder cannabis money

Court documents request the home, and $85,000 to be turned over to the government

FILE – Prime Minister Justin Trudeau greets Premier John Horgan during a press conference at the BC Transit corporate office following an announcement about new investments to improve transit for citizens in the province while in Victoria on Thursday, July 18, 2019. THE CANADIAN PRESS/Chad Hipolito
Trudeau congratulates Horgan on NDP’s election victory in British Columbia

Final count won’t be available for three weeks due to the record number of 525,000 ballots cast by mail

Comedic actor Seth Rogen, right, and business partner Evan Goldberg pose in this undated handout photo. When actor Seth Rogen was growing up and smoking cannabis in Vancouver, he recalls there was a constant cloud of shame around the substance that still lingers. Rogen is determined to change that. (Maarten de Boer ohoto)
Seth Rogen talks about fighting cannabis stigma, why pot should be as accepted as beer

‘I smoke weed all day and every day and have for 20 years’

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Provincial Green Party leader Sonia Furstenau speaks at Provincial Green Party headquarters at the Delta Victoria Ocean Pointe in Victoria. (Arnold Lim / Black Press)
VIDEO: Furstenau leads BC Greens to win first riding outside of Vancouver Island

Sonia Furstenau became leader of BC Greens one week before snap election was called

NDP Leader John Horgan elbow bumps NDP candidate Coquitlam-Burke Mountain candidate Fin Donnelly following a seniors round table in Coquitlam, B.C., Tuesday, October 20, 2020. THE CANADIAN PRESS/Jonathan Hayward
Horgan, NDP head for majority in B.C. election results

Record number of mail-in ballots may shift results

RCMP crest. (Black Press Media files)
Mounties looking for teen boy ‘unlawfully at large’ from Riverview psychiatric hospital

Nolan Godron left the hospital, located at 2721 Lougheed Highway in Coquitlam, without consent on Saturday

Most Read