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The corporate defendant was fined $140,000 and ordered to retain an embedded auditor for environmental offences.
Quantex Technologies Inc. and Marco Dalla-Nora pleaded guilty to three counts under the Environmental Protection Act: two counts relating to improper waste manifesting and transfer of hazardous waste without proper notice, and one count relating to air emissions causing discomfort.
The Crown and defence reached a joint submission on penalty.
The court imposed total fines of $140,000 plus victim fine surcharges and a 15-month probation order with unique conditions including a prohibition on bulking hazardous wastes for six months and the installation of an embedded auditor.
All remaining charges were withdrawn.
The court commended both parties for the innovative use of an embedded auditor as a rehabilitative tool.
The court dismissed the appeal, finding that blocking environmental inspectors' vehicles constitutes obstruction and a mistake of law precludes a due diligence defence.
Appellants were convicted of two counts of hindering or obstructing a provincial offences officer contrary to section 42(1) of the Nutrient Management Act.
The appellants parked their truck directly in front of Ministry of the Environment inspectors' truck, blocking its exit, and refused multiple requests to move.
The appellants appealed their convictions arguing the actus reus was not proven and that they exercised due diligence.
The court dismissed both grounds of appeal, finding that the appellants' actions constituted obstruction and that they failed to establish a due diligence defence, as their belief that the officers were trespassing was based on a mistake of law and was not reasonably held in the circumstances.
