Some of the Ontario Ministry of the Environment's court bulletins are headscratchers. For example, a recent report states that Canadian National Railways was charged, convicted and fined $10,000 ($8,00 plus victim fine surcharge) for failing to completely file its financial assurance for a private landfill under the Environmental Protection Act.
I can't make any sense out of this case, because I can't imagine any circumstances in which CNR would deliberately refuse to file financial assurance for an environmental permit. If they made a honest mistake, why prosecute, convict and fine them for it? Surely they would have been willing to pay up once any error was drawn to their attention? Or was there a legitimate dispute about the calculation? How is the public interest served by responding to honest mistakes or legitimate disputes with prosecution?
If there was more to this story than meets the eye, why isn't it in the court report?
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
