Potato Grower Sentenced in Fish Kill Case

SUMMERSIDE, PEI, September 21, 2004 – A potato grower from Kelvin Grove, Prince Edward Island, has been sentenced in PEI provincial court for a violation of Canada’s Fisheries Act.

A provincial court judge ordered George M. Caseley & Sons Inc. to pay a penalty of $16,300. This includes a fine of $3,500 and a payment of $12,800 to the Government of Canada's Environmental Damages Fund, which is administered by Environment Canada.

The conviction is the result of an investigation by Environment Canada into a fish kill on the Wilmot River on July 10, 2002. Mr. Caseley pleaded guilty to allowing pesticide contaminated soil and water run-off to enter the Wilmot River at Norboro. In all, some 4,500 dead trout were recovered from the Wilmot River after the incident.

Under subsection 36(3) of Canada’s Fisheries Act, it is an offence to deposit, or permit the deposition of, a deleterious substance into water frequented by fish.

The Environmental Damages Fund is rooted in the “polluter pays” principle. Courts can use the Fund to ensure that compensation is provided by convicted polluters for the damage that they cause to the environment. The Fund also gives the court a way to ensure that financial penalties imposed under the Canadian Environmental Protection Act, 1999 (CEPA 1999) and the Fisheries Act are used for environmental protection purposes.

Environment Canada’s Enforcement Officers investigate potential pollution offences under the CEPA 1999 and Canada’s Fisheries Act. They help ensure that companies, government employees and the general public comply with legislation and regulations that protect Canada’s environment.

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