The defendant was charged under the Public Lands Act with dredging and filling shore lands without a permit.
The defendant had obtained a permit from the local conservation authority for some work but proceeded to alter the shoreline below the high-water mark without the required provincial permit.
Despite being ordered to stop work, the defendant continued, claiming he needed to protect the shoreline from erosion and mistakenly believing no further permits were required.
The court found that the prohibited acts of dredging and filling were proven beyond a reasonable doubt.
The court rejected the defences of due diligence and officially induced error of law, noting that the defendant continued the unauthorized work even after being explicitly told to stop.
The defendant was found guilty.
