Brooks Motocross Club receives steep fines under SARA and Fisheries Act

The Brooks Motocross Club and a member of its executive, both found guilty last year of contravening the Fisheries Act and Species at Risk Act, have been fined a total of $70,000.

That amount is $40,000 less than the Crown prosecutor suggested in April, but more than defence lawyers had recommended.

During a hearing in Lethbridge provincial court, Judge Jerry LeGrandeur fined the club $30,000 under the Fisheries Act and $15,000 under the Species At Risk Act.

“It is much more than a slap on the wrist in the context of this offender, but less than crushing; serves to deter both generally and specifically, making it clear that even small corporations will pay a significant price relatively speaking for such regulatory offences,” LeGrandeur said.

The judge fined David Allen French $20,000 under the Fisheries Act and $5,000 under SARA, and said even though French was not directly responsible for organizing a motocross race at Racehorse Creek in the Crowsnest Pass, Aug. 30, 2014, he was aware of the regulations and he was in charge of ensuring bridges were built over streams so racers would not disturb or kill fish.

“I conclude that Mr. French’s moral culpability is high,” LeGrandeur said. “He was, based on his evidence, in charge of bridges, however, he did nothing to address those concerns. He, more than any other person involved, even though he was not the directing mind of the undertaking, could have made sure that the race did not contravene the regulatory regime relating to harm to the fish in the streams crossed during the course of that race.”

The Crown had recommended French be fined a total of $40,000.

The club and French contravened the acts by allowing motocross bikes to race through streams containing sensitive fish habitat, killing a number of bull trout, as well as west slope cutthroat trout, which are designated a threatened species.

The Crown said during trial last year the race crossed north and south Racehorse Creek at a number of locations, and although French, who was charged as a party to the offences, said he built bridges in 2014, Crown witnesses who took photos of the race testified there was only one permanent bridge.

Defence for the club asserted there was no evidence to connect the club to the offences beyond a reasonable doubt, or that fish were actually harmed or harassed by the racers, especially since non-racers had also used the course. Defence also suggested if the club did commit the act as charged, it was operating under the assumption it was authorized to run the race and was in compliance with government requirements at the crossings.

French’s lawyer said his client, who was club vice-president at the time, was operating under the mistaken belief that another individual had obtained temporary authorization and the race was being conducted in accordance with that authorization, so he exercised due diligence and should not be liable.

In addition to the fines, LeGrandeur ordered French and the club to advertise in a motocross magazine in Alberta or other publication approved by the court, informing readers of the convictions and fines under the acts.