Title : Big River First Nation fined $100K after Crown successfully appeals original $10K fine
link : Big River First Nation fined $100K after Crown successfully appeals original $10K fine
Big River First Nation fined $100K after Crown successfully appeals original $10K fine
A fine levied against the Big River First Nation for failure to comply with an environmental protection order has been upped to $100,000 from $10,000 after a successful appeal by the Crown.
The Crown appealed the decision on July on the grounds that the fine was "unfit" and that judge erred when handing down the sentence. The fine was increased on April 5.
Big River's Miami Gas Bar failed a 2011 inspection in which violations related to non-compliance, piping and the pumps around fuel storage tanks were found.
Storage tank systems did not have any identification numbers and there was also no product transfer area to contain any potential spills.
A written warning was issued. The problems were still not fixed by July 2014 and an environmental protection compliance order was issued against the band and its band administrator.
It was determined later, in March 2015, that they had failed to comply with the order. The band later pleaded guilty to the offence.
When the original sentence was handed down, it was the band being sentenced as an "individual," rather than an "person" as the Crown had argued for in its initial arguments, meaning the minimum fine would be $5,000 rather than $100,000.
The appeal judge found the original Crown argument to be the correct one and upped the fine to $100,000.
Thus Article Big River First Nation fined $100K after Crown successfully appeals original $10K fine
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