Crown appeals stay of charges in Lemon Creek case

Charges were stayed against Executive Flight Centre, but the trial continues against two others

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.

Related:

Lemon Creek charges stayed against fuel company



bill.metcalfe@nelsonstar.com

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Lost dog swims Columbia River multiple times searching for home

The dog was missing from his Castlegar home for three days.

Traffic finally eases along Arrow Lakes ferry routes

Motorists were stuck for up to six hours in ferry lineups over the weekend

Nelson climbers raise racism awareness with video

Tula and Tosh Sherkat and Rossland director Liam Barnes collaborated on the video

Horrifying video shows near head-on collision on Trans Canada

The video was captured on dash cam along Highway 1

Fraser Valley woman complains of violent RCMP takedown during wellness check

Mounties respond that she was not co-operating during Mental Health Act apprehension

B.C. sees 12 new COVID-19 cases, no new deaths

Three outbreaks exist in health-care settings

COVID-19: B.C. promotes video-activated services card

Mobile app allows easier video identity verification

ICBC to resume road tests in July with priority for rebookings, health-care workers

Tests have been on hold for four months due to COVID-19

Would you take a COVID-19 vaccine? Poll suggests most Canadians say yes

75 per cent of Canadians would agree to take a novel coronavirus vaccine

Budget officer pegs cost of basic income as calls for it grow due to COVID-19

Planned federal spending to date on pandemic-related aid now tops about $174 billion

Sexologist likens face mask debate to condom debate: What can we learn from it?

Society’s approach to condom usage since the 1980s can be applied to face masks today, one expert says

Most Read