Canada: R. V. Stratabound Minerals Corp., 2015 NBPC 07

In this New Brunswick Provincial Court case, a $75,000 administrative fine for polluting was issued in circumstances where there was low culpability, a clean record, an acceptance of guilt and no proof of actual harm to the environment.

Stratabound Minerals Corp.'s mine near Bathurst, New Brunswick included a holding pond, which had been constructed by the previous mining operation. Largely unbeknownst to Stratabound, its attempts to treat the water in the pond were unsuccessful, and on two separate occasions, it released over one million litres of mining effluent. After discovering the extent of the toxicity of the water, Stratabound was forced to discharge more effluent to avoid an uncontrolled overflow due to unseasonably high rains.

Stratabound pleaded guilty to two offences under the federal Fisheries Act, for the three discharges of mine effluent and for failing to notify an inspector without delay. The only issue before the Court was the amount of the fine. The Court considered the relevant factors from the jurisprudence for assessing the appropriate fine, including that Stratabound's acts were negligent and not deliberate, Stratabound's reputation was "sterling," Stratabound had pleaded guilty and accepted responsibility, there was no proof of actual harm to the environment (though the potential harm was significant), and the need for general deterrence in spite of the financial position of the company. Ultimately, the Court ordered a fine of $75,000 — half of what the Crown asked for, but three times what Stratabound supported.