The federal crown council has appealed a decision of Judge Lisa Mrozinski in October in which she stayed the pollution charges against Executive Flight Centre in the Lemon Creek pollution trial.
The company’s lawyer, Chris Archer, successfully argued in Nelson court on Sept. 26 that the Crown had taken too long, since the beginning of the case, to disclose to him its expert reports and other related data. He also said the Crown had taken too long to conduct an investigation, and the delay jeopardized his ability to mount an effective defence.
The judge agreed, although the trial continues against two other defendants: the provincial government and the driver of the truck that spilled a load of jet fuel into Lemon Creek in 2013, polluting the stream and causing a local evacuation.
The federal crown’s notice of appeal, filed in the Supreme Court of B.C. in Nelson on Nov. 28, states that the judge erred in a number of her conclusions related to delay, timing, and the application of the Jordan Principle, which imposes a maximum time during which charges must be brought to trial.
The hearing will be held in April in Nelson.