By Bryan Eneas

Big River First Nation faces $100,000 fine after appeal

Apr 18, 2018 | 8:00 AM

A legal argument over the term “individual” could have a big financial impact on one Saskatchewan First Nation.

An appeal decision handed down by the Court of Queen’s Bench April 5 increased a fine the Big River First Nation faces under the Canada Environmental Protection Act (CEPA) tenfold, from $10,000 to $100,000. A gas station owned by the Big River First Nation, the Miami Gas Bar, pled guilty to multiple charges relating to the storage of petroleum products in 2014. The gas station was originally fined $10,000 as an “individual” under CEPA in a decision issued by a provincial court judge July 14, 2017.

For a summary conviction, the environmental protection act states an “individual” can be fined a minimum of $5,000 up to $300,000.

The provincial judge’s decision stated a maximum fine would cause unnecessary hardship on the Big River First Nation, but noted the potential environmental impacts and settled on the $10,000 amount. The appeal decision, issued by the Court of Queen’s Bench earlier this month, found the original sentencing judge erred in his decision and issued a penalty fit for a “person” rather than an “individual.”

At the federal level, the Crown successfully argued the Big River First Nation, as a non-corporate operator of the Miami Gas Bar, could only be charged as a “person.”

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The Crown argued wording within the act states an “individual” can face fines or incarceration, while the same wording does not apply to a “person,” who can only be fined under the act. Neither word was clearly defined in the Environmental Protection Act.

No evidence was presented to contradict the Crown’s argument, and the federal judge ruled in their favour. This increased the fine to $100,000, the minimum fine for a “person” under CEPA.

Appeal concludes old violation

The $100,000 fine stemmed from a visual inspection conducted at the Miami Gas Bar in 2011. A number of violations were discovered and a written warning was issued.

According to court documents, the issues were not addressed roughly three years after the concerns were first raised in 2011. On Oct. 8, 2014 an Environmental Protection Compliance Order was issued to the Big River First Nation and a band administrator. The band failed to comply with the order on two separate occasions, officially violating the CEPA.

“They were near compliance as of 2015, but not quite to the standards of Environment Canada at the time the charge was laid,” the provincial court decision read. “This lack of compliance appears to be in relation to the paperwork and documents submitted, rather than the actual work done to remedy the risk to the environment.”

Big River band administration could not be reached for comment.

Bryan.Eneas@jpbg.ca

On Twitter: @BryanEneas