Now that mandatory minimum environmental fines are so high,
courts occasionally refuse to impose them. For example, in R v. KIE Farms Ltd., a justice of the
peace refused to impose a $25,000 minimum fine on a local farm,
even though seepage from its corn silo made a local
watercourse toxic to fish.
The company pleaded guilty to discharging silage seepage into an
agricultural drain, contravening the Ontario Water Resources
Act. The silage seepage made the drain water black-coloured
and smelly. Total ammonia concentrations exceeded acute
lethality levels for fish, and high BOD and phosphorus levels were
found.
The Court has discretion under s. 59(2) of the Provincial Offences Act to refuse to
impose a minimum fine. The Court considered that specific
deterrence was not required, noting the company's quick actions
to mitigate, at a cost of over $500,000. The company
had cooperated with the MOE, acknowledged its fault and shown
remorse. The business was
