Government appealing company’s acquittal
The Yukon government is appealing a territorial court decision that acquitted a local road construction company of environmental charges.
The Yukon government is appealing a territorial court decision that acquitted a local road construction company of environmental charges.
On Sept. 14, Judge Karen Ruddy found both Cobalt Construction Inc. and owner Shaun Rudolph, 34, not guilty of charges under the Yukon Environment Act for contravening an environmental protection order (EPO).
Now the Crown is appealing the decision. It’s asking that Cobalt and Rudolph be convicted and sent back to court for sentencing.
Court documents claim that grounds for the appeal include that the trial judge made a “palpable and overriding error of fact by concluding that it would be unfair or illogical to convict (Cobalt and Rudolph) on the evidence.”
They also allege that the judge erred by not applying the principle of stare decisis, or the doctrine of precedent. This refers to common law, where prior decisions of higher courts are binding on lower courts.
The first court appearance for the matter is set for Tuesday.
If the appeal is successful, Cobalt and Rudolph could each face a maximum fine of $300,000, imprisonment up to six months, or both.
Cobalt and Rudolph were charged over the decommissioning of a land treatment facility near Destruction Bay in 2016.
During the trial last May, prosecutor Julie DesBrisay had argued that Cobalt and Rudolph failed to submit a decommissioning plan in accordance with guidelines under an EPO issued by the Department of Environment.
Defence lawyer Meagan Hannam, however, argued that the company had done its best to comply.
It could not meet the deadlines set out in the EPO, she said, because the soil samples needed for a final plan required tilling the soil, which could not be done until June due to Yukon weather conditions.
Ruddy found that it was “factually impossible” for Cobalt to meet the deadlines.
She noted that there was no harm caused to the environment and that the EPO was ultimately complied with.
She said that in the circumstances a conviction would result in a “legal absurdity” that would “be repugnant to the rule of law.”
Comments (3)
Up 18 Down 5
Groucho d'North on Oct 30, 2017 at 6:40 pm
Perchance our Environmental Champions are a bit over-zealous in their gathering of fines for the realm?
Up 19 Down 7
curious george on Oct 30, 2017 at 3:46 pm
Seems like moronic government bureaucrats are really determined to waste the money they take from taxpayers to ensure they keep busy and maintain job security without accomplishing anything meaningful.
Move on... there are far more important issues - like ending the never-ending waste by ineffective overreaching government bureaucracy making the common person poorer by the day.
Up 19 Down 6
ProScience Greenie on Oct 30, 2017 at 3:43 pm
Surely the Enviro Dept gets that we have cold winters in the Yukon which makes taking soil samples and tilling dirt a bit difficult. Let it go and move on to dealing with bigger enviro messes that exist out there instead of being snarky sore losers over this minor case.