Boyd faces big fines over environmental charges

Former cabinet minister Bill Boyd is expected to face thousands of dollars in fines after pleading guilty to two environmental and wildlife charges filed last summer, shortly before he resigned as the MLA for Kindersley.

The 61-year-old Saskatchewan Party founding member sat quietly, occasionally fiddling with a mechanical pencil, as the Crown prosecutor, Matthew Miazga, and Boyd’s defence attorney, R.J. Ard, made their sentencing submissions in Kindersley provincial court Tuesday. Judge R.D. Jackson reserved his decision to April 17.

Miazga and Ard made a joint submission that Boyd be fined $5,000 for the first charge, which was filed under the province’s Wildlife Habitat Protection Act and involves the cultivation of six acres of protected land.

The lawyers could not, however, reach an agreement on the second, more serious charge filed under the Environmental Management and Protection Act. That charge was laid after Boyd modified the riverbank and installed irrigation equipment without the necessary permit, court heard.

“Someone in his position certainly should have known better,” Miazga told court, referring to Boyd’s long political career, which ended last summer after the provincial conflict czar concluded Boyd violated conflict of interest law on an unrelated business trip to China.

Miazga said Boyd should face a fine in the range of $25,000 to $30,000 because his actions caused “a substantial amount of damage” to the river, he did not sufficiently remediate the damage and no one, especially not a prominent former politician, should be allowed to skirt procedure. “I’m sure it’s frustrating, but it’s a process that’s in place for everybody,” he said of the regulatory approval process needed before drawing water from the river for irrigation, adding Boyd still has not applied for the permit needed to complete the equipment installation.

Ard, who did not propose a specific figure for Boyd’s fine, admitted the former politician “took his own risks in doing the work ahead of getting the permits.” Ard also questioned the damage done to the river and riverbank, as well as whether Boyd’s status as a former politician warranted a significant fine.

“As much as the high regard we hold our politicians in, we don’t expect omniscience as soon as they get elected,” Ard told court.

The lawyers spent most of the three hours of sentencing arguments staking out different positions on the issue of permits. Miazga argued it was “pretty clear (Boyd) knew what his obligations were,” while Ard contended the former politician did his best to work within a Byzantine permitting process. “I think that’s a common theme that we often hear, where people say, ‘Well, I didn’t need a permit,’ or ‘Everybody else does this’ … but I think it’s a factor the court is going to take into account,” Miazga said after court adjourned for the day.

Two other charges against Boyd under the province’s environmental legislation were withdrawn Tuesday.