ARTICLE
17 October 2013

Ivory Smuggler Guilty – Narwhal Tusk Trafficking: $385,000 Penalty

SL
Siskinds LLP

Contributor

Since 1937, Siskinds has been that firm of specialists serving individuals, families and businesses in southwestern Ontario and Canada from our offices in London, Sarnia and Quebec City. We’ve grown as the world around us has evolved. Today, we are a team of over 230 lawyers and support staff covering personal, business, personal injury and class action law and over 25 specialized practice areas.
biology, Ivory, Ivory Trade, Ivory Tusk, Narwhal, Narwhal Ivory, Narwhal Tusk, penalty, Smuggler, trade, Traffic, Tusk
Canada Environment

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 trades.

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.

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