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

The Township of Spallumcheen collected an honourable mention in the 2020 UBCM Community Excellence Awards for its sustainable service delivery and water improvment district conversion plan. (Photo submitted)
Spallumcheen water district conversion plan gets recognition

Township collects UBCM Community Excellence Award honourable mention

Spallumcheen councillors (from left) Todd York, Gerry Popoff, Christine LeMaire, John Bakker, Joe Van Tienhoven and Andrew Casson join Mayor Christine Fraser (fourth from left) in helping to proclaim the township open for business with new signage off Highway 97A. (Township of Spallumcheen photo)
Being open for business paying dividends for Spallumcheen

Township wins provincial award, new business and building starts increase

John Pavelich’s 83rd birthday had an added surprise; members of Enderby City Council came by his residence to present him with a Lifetime Civic Merit award Saturday, May 8, 2021. (Contributed)
Enderby resident unwraps Lifetime Civic Merit award on 83rd birthday

John ‘JP’ Pavelich has been a pillar of volunteerism in Enderby since 1967

Nuns of Mother Teresa’s Missionaries of Charity, carry some of her relics during a vigil of prayer in preparation for the canonization of Mother Teresa in the St. John in Latheran Basilica at the Vatican, Friday, Sept. 2, 2016. In which city did she do much of her charitable work? (AP Photo/Gregorio Borgia)
QUIZ: How much do you know about these motherhood issues?

In honour of Mother’s Day, take this 10-question quiz

Five properties have been added to the Lake Country fire protection zone, after council moved to expand the local service area Tuesday, May 4, 2021. (Google Maps)
Lake Country expands fire protection zone, covering 5 exposed properties

The properties petitioned to join the local service area after being left out ‘for reasons unknown’

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

RCMP are looking for information on an alleged shooting attempt near an elementary school in Smithers March 10. (Phil McLachlan/Capital News/Stock)
UPDATE: Man killed in brazen daylight shooting at Vancouver airport

Details about the police incident are still unknown

The Oliver Fire Department had to put out a fire on their own training ground, and it wasn’t one they set. (Facebook)
Vehicles torched at Oliver Fire Department training grounds

This suspected arson comes after the cars were vandalized earlier and suspicious fire the night before

Tavis Stevenson, son of Pam and Bruce Stevenson, founders of The Book Shop on Main St, is the creator of the whimsical animal farm carts seen above The Book Shop. He also painted the book mural in the back alley behind the shop. (Monique Tamminga Western News)
The Book Shop in downtown Penticton is one of those rare gems

The Book Shop, like so many businesses, is wanting to turn the page to the end of this pandemic

Pieces of nephrite jade are shown at a mine site in northwestern B.C. in July 2019. THE CANADIAN PRESS/HO-Tahltan Central Government MANDATORY CREDIT
Indigenous nation opposes jade mining in northwestern B.C.

B.C.’s Mines Act requires operators to prepare a plan to protect cultural heritage resources

Salmon Arm Silverbacks forward Mathieu Bourgault (13) tries unsuccessfully to deflect past West Kelowna goalie Johnny Derrick during the Warriors’ come-from-behind 7-6 BC Hockey Leaguje pod shootout victory Saturday, May 8, at Vernon’s Kal Tire Place. (Tami Quan Photography)
West Kelowna Warriors rally to edge Salmon Arm in shootout

Warriors overcome three significant deficits to post 7-6 BCHL pod win in Vernon; Silverbacks finish pod 9-7-2-2

The body of Brenda Ware, 35, was found along Highway 93 in Kootenay National Park on Thursday, May 6, 2021. (RCMP handout)
RCMP ask for tips after woman’s body found in Kootenay National Park

Brenda Ware was found along Highway 93 in the park, 54 kilometres north of the town of Radium

People pass the red hearts on the COVID-19 Memorial Wall mourning those who have died, opposite the Houses of Parliament on the Embankment in London, Wednesday, April 7, 2021. On May 3, the British government announced that only one person had died of COVID-19 in the previous 24 hours. THE CANADIAN PRESS/AP-Kirsty Wigglesworth
For a view of a COVID-19 future, Canadians should look across the pond

Britain, like Canada, is one of the only countries in the world to delay second doses for several months

Most Read