Beekeeper loses court fight over importation

A P.E.I. beekeeper who took the province to court over rules that allowed bees to be imported from Ontario has lost his request for a judicial review.

Stan Sandler sought the judicial review of the province’s 2019 protocol regarding the importation of honey bees to P.E.I., which dealt with bees coming from Ontario.

In a recent decision, P.E.I. Supreme Court Justice Terri MacPherson dismissed the application, which was filed outside of the required time period.

MacPherson wrote that Sandler didn’t provide a reasonable explanation for the delay in filing his notice of application for a judicial review and the merits of his application weren’t strong.

Sandler’s application related to a bee importation protocol signed in January 2019 and which he was made aware of by email, although he said he didn’t read it right away because he was out of the country.

In his application, Sandler said the protocol didn’t contain adequate measures for mitigation or quarantine if a small hive beetle was found in P.E.I.the small hive beetle is an invasive species native to Africa that can have a negative impact on bee colonies and beekeeping equipment.

Sandler’s application said the inspection protocol designed to detect if the beetle enters P.E.I. was based on unreliable science.

There was a new protocol signed for 2020, but Sandler’s application only dealt with 2019’s.

The application also said the province didn’t exercise its duty of care to Island beekeepers in forming and implementing the protocol.

In seeking a judicial review, Sandler wanted the protocol sent back to the minister of agriculture for further consideration.

MacPherson wrote in her decision that when reviewed, the protocol would be found to show the necessary degrees of justification, intelligibility and transparency and that Sandler would be unlikely to get the outcome he was seeking.