Businessman fined in relation to fish kills

Warren Ellis must pay $72,280 on federal, provincial charges laid after ‘unfortunate accident’

— They agreed it was an unfortunate accident, but an example had to be made.

Summerside businessman, philanthropist and former West Prince farmer, Warren Ellis, 59, was sentenced in Summerside Thursday to pay $72,280 in fines. Ellis had previously plead guilty to charges under the federal Fisheries Act and provincial Crop Rotation Act relating to Prince County fish kills in 2011 and 2012. Judge Jeff Lantz handed down his sentence based on a joint recommendation from Crown prosecutor Paul Adams and Ellis’ defence attorney Jim Gormley.

The charges were two counts of allowing a deleterious substance into a body of water frequented by fish (they were combined into one single charge) and one count of planting potatoes in a field more than once in three years. Another charge against Warren Ellis Produce Inc. was dropped.

Speaking in relation to the fisheries charges, both lawyers agreed that, based on the facts, Ellis had applied pesticides on his land in accordance with regulations, but that

subsequent, unusually heavy, downpours of rain had washed the chemicals into the brook, killing thousands of fish.

But Adams told the court that, regardless of the intent of the accused, fish kills are a serious issue on Prince Edward Island and examples need to be set.

“The facts don’t suggest this was an act committed intentionally … but that’s not the point,” he said.

He said the fines imposed by the court would “send a deterrent, but also have a tangible community benefit.”

To that affect, the total fine money will be broken up like so: $5,000 straight fine for the fisheries charge, $30,000 to Environment Canada’s Environmental Damages Fund, $27,500 to the Atlantic Salmon Federation and $7,500 to the Scales Pond and Dunk River Restoration Committee. The remaining $2,280 fine is payable to the province as it’s in relation to the Crop Rotation Act charge.

Ellis was in the courtroom on Thursday though he didn’t speak.

Gormley said his client was remorseful about what happened and hoped the fine money would help local fish habitat programs.

He also spoke at length about Ellis’ philanthropic work in the Prince County community and supplied the court with various letters of thanks and commendations that his client has earned over the years.

He also noted that Ellis has sold his farming operation since these charges were laid and is no longer in the industry. He would like to move on, he said.

“The issue of fish kills here on Prince Edward Island is bigger than one farm. And although Mr. Ellis is here accepting responsibility … fish kills on Prince Edward Island started long before his involvement and fish kills have continued after his departure from the farming industry,” said Gormley.