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)

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

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s first case

Today marks the one year anniversary of COVID-19 landing in Canada

A vehicle incident eastbound on the Trans-Canada Highway in Langley at 264th Street is causing traffic in the area on Monday, Jan. 25, 2021. (Drive BC)
TRAFFIC: Eastbound Highway 1 vehicle incident in Langley

Traffic reduced to single lane eastbound

Cody Malawsky at the box lacrosse provincials in 2019. As the highly skilled player adds size he will dominate junior, predicts longtime coach Daren Fridge. (Tim McCormick/Special to The Langley Advance Times)
New addition to Langley Thunder has the genetics to excel at lacrosse, coach says

Cody Malawsky was selected first overall at the BC Junior A Lacrosse League Draft

Vancouver Giants forward Zack Ostapchuk has cracked the latest NHL Central Scouting ‘Players to Watch’ list (Chris Relke/Vancouver Giants)
Ostapchuk makes NHL list

Player with Langley-based Vancouver cracks latest NHL Central Scouting ‘Players to Watch’ list

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
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

From the left: Midway RCMP Csts. Jonathan Stermscheg and Chris Hansen, Public Servant Leanne Mclaren and Cpl. Phil Peters. Pictured in the front are Mclaren’s dog, Lincoln and Peters’ dog, Angel. Photo courtesy of BC RCMP
B.C. Mounties commended for bringing firewood to elderly woman

Cpl. Phil Peters said he and detachment members acted after the woman’s husband went to hospital

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

An Uber driver’s vehicle is seen after the company launched service, in Vancouver, Friday, Jan. 24, 2020. Several taxi companies have lost a court bid to run Uber and Lyft off the road in British Columbia. THE CANADIAN PRESS/Darryl Dyck
Taxi companies lose court bid to quash Uber, Lyft approvals in British Columbia

Uber said in a statement that the ruling of the justice is clear and speaks for itself

sd
VIDEO: Mission drag racer scores 1st career win, sets world record, makes history in 2020

Justin Bond, founder and owner of JBS Equipment Mission, has break-out year

Most Read