The federal government is continuing its strategy of infrequent
environmental prosecutions with large penalties. Last week,
Gregory (Greg) Logan, of Woodmans Point, New Brunswick,
was convicted of seven offences for the illegal export of 250
Narwhal ivory tusks to the United States over seven years. He must pay a record penalty of $385,000.
This penalty is the largest in Canada for offences under
the Wild Animal and Plant
Protection and Regulation of International and Interprovincial
Trade Act (WAPPRIITA).However, Environment
Canada has not announced how much Mr. Logan made from his illegal
In addition, Mr. Logan must serve an eight-month conditional
sentence, including four months of house arrest. He is prohibited
from possessing or purchasing marine mammal products for 10 years.
The items he used to smuggle the tusks across the border have been
forfeited, including a truck and trailer.
In Canada, only Inuit may harvest the elegant
narwhal. Narwhal, often referred to as "the unicorn of
the sea", is recognized as a species of special concern by the
Committee on the Status of Endangered Wildlife in Canada. It is
also listed as a protected species under Appendix II of the
Convention in International Trade in Endangered Species of Wild
Fauna and Flora (CITES). CITES, an international agreement, sets
controls on the movement of animal and plant species that are, or
may be, threatened due to excessive commercial exploitation.
The greatest threat to narwhal, however, is climate change,
which is destroying the ice they depend on. On that topic,
Environment Canada is remarkably silent.
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.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
In Crombie Property Holdings Limited v McColl-Frontenac Inc. (Texaco Canada Limited), 2017 ONCA 15 (Crombie v McColl ), the Ontario Court of Appeal released an important decision regarding environmental due diligence in a real estate transaction, . . .
Last August, we reported on recent case law dealing with the difficult question of how to determine limitation periods in environmental claims. In the January 2017 Court of Appeal decision of Crombie Property Holdings Limited v. McColl-Frontenac Inc., the court overturned the trial court's decision that the case was started too late on the basis of "palpable and overriding errors".
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).