J.D.
Irving Limited Pleads Guilty and Sentenced
to Pay a $60,000 Penalty for Charges Laid
Under the Federal Migratory Birds Convention
ActBurton, NB, October
20, 2008 -- Today J.D. Irving Limited pleaded
guilty in New Brunswick provincial court
to charges laid by Environment Canada under
the Migratory Birds Convention Act 1994.
The company was sentenced to pay a $60,000
penalty for contravening the Act by destroying
eight Great Blue Heron nests during logging
operations. The company will also be required
to create a buffer zone to prevent further
forestry activity in the area where the
nests were damaged.
"Protection of
Canada's wildlife is of the highest priority
for our Government," said Canada's
Environment Minister, John Baird. "Today's
announcement of a guilty plea demonstrates
that environmental enforcement works to
help protect and preserve Canada's natural
treasures like the Great Blue Heron."
$50,000 of the total
penalty will be awarded to Bird Studies
Canada's Atlantic Canada office to be used
for the protection and conservation of migratory
birds including the Great Blue Heron. Bird
Studies Canada is a not-for-profit organization
that advances the understanding, appreciation
and conservation of wild birds and their
habitat in Canada.
The court also assessed
a fine of $10,000, which under the Act must
be directed to the Environmental Damages
Fund. The fund is administered by Environment
Canada on behalf of the Government of Canada
and directs money from fines to work to
restore and protect the environment.
This conviction concludes
an investigation that began in the summer
of 2006. The investigation was led by Environment
Canada's Enforcement Branch, with cooperation
from New Brunswick Department of Natural
Resources conservation officers.
"I would like to
thank Environment Canada's Enforcement Branch,
as well as the New Brunswick Department
of Natural Resources for their work on this
matter," said Minister Baird. "It
is through the dedication and hard work
of these public servants that we are able
to enforce the law and protect our wildlife."
As part of the court
proceedings, the company challenged the
federal authority to legislate with respect
to migratory birds. The New Brunswick Provincial
Court upheld the authority of the federal
government to enact the Migratory Birds
Convention Act 1994 and confirmed federal
responsibility for migratory birds.
The Government of Canada
is responsible under the Migratory Birds
Convention Act 1994 for ensuring that migratory
birds are maintained, protected and conserved.
This Act provides for fines up to $1 million
and/or three years imprisonment for indictable
offences and up to $300,000 and six months
imprisonment for summary conviction offences.
To report any infraction
of a federal wildlife law, the public is
invited to contact Environment Canada's
Enforcement Division toll free at 1-800-463-4311.
Hugh O'Neill (English media)
Regional Director
Wildlife Enforcement Division, Atlantic
Craig Smith (French media)
Head
Wildlife Enforcement Division, Maritimes
Environment Canada
Media Relations
