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The defendants were convicted of environmental offences for failing to comply with a Director's Order and operating a hog farm without an approved nutrient management strategy.
The Crown prosecuted four defendants for violations of the Nutrient Management Act and Ontario Water Resources Act relating to a large hog finishing operation near Newburgh, Ontario.
The defendants failed to comply with specific items in a Director's Order, including providing written confirmation that manure production had ceased and submitting engineering assessments and site characterization studies.
The court found the defendants guilty on five counts, rejecting their defences of due diligence, reasonable mistake of fact, and officially induced error.
The court found that the defendants' belief that filing a Nutrient Management Strategy application obviated their need to comply with the Director's Order was unreasonable and contrary to law.
A conditional stay was entered on one count due to duplication of charges.
Improper interview questions about age and family status violated Code, but failure to hire was non-discriminatory.
The complainant, a 46-year-old married woman with children, applied for a permanent clerk/stenographer position with the Ontario Provincial Police.
During her interviews, she was asked improper questions regarding her age, marital status, and family status.
She was ultimately not hired after failing technical tests, and a younger, single woman was hired instead.
The Board of Inquiry found that the interview questions violated the Human Rights Code and awarded $2,000 in damages.
However, the Board dismissed the claim that the failure to hire was discriminatory, finding that the decision was based on the complainant's failure to pass the required technical tests rather than her age, marital status, or family status.
