Susan Reppard

The defendant was charged with two offences under the Forest Fires Prevention Act: failing to tend, control, and extinguish an outdoor fire before leaving the site, and starting an outdoor fire without a permit.

The fire occurred on May 10, 2017, on the defendant's property and expanded to approximately 0.1 hectares.

The defendant denied starting the fire and claimed someone else was responsible.

The court found that all elements of both offences were proven beyond a reasonable doubt, including that the defendant was responsible for the fire, and convicted on both counts.

The defendant, a helper trapper, was charged with using a non-certified trap (Woodstream Oneida Victor Conibear 120) for trapping pine marten, contrary to section 18(1)(a) of Regulation 667/98 under the Fish and Wildlife Conservation Act.

The defendant argued that responsibility for compliance with the regulation rested solely with the head trapper under section 10(2) of the regulation.

The court rejected this argument, finding that helper trappers are independently required to comply with all trapping regulations, including trap certification requirements.

The court convicted the defendant of the offence as a strict liability matter in a public welfare statute, noting the defendant presented no evidence of due diligence.