The Crown appealed a sentence imposed on a winery corporation that pleaded guilty to discharging material into a watercourse in violation of the Ontario Water Resources Act.
The trial judge imposed a fine of $600, invoking section 59(2) of the Provincial Offences Act to relieve the defendant from the statutory minimum fine of $25,000.
The appeal judge increased the fine to $5,000, still below the minimum.
The Court of Appeal allowed the Crown's appeal and imposed the minimum fine of $25,000, holding that section 59(2) must be applied with appropriate restraint to avoid undermining the deterrent purpose of minimum fines in public welfare legislation.
