UBC loses appeal of fine, conviction in ammonia dumping offence
The University of B.C. has lost its appeal of a $1.155-million fine and conviction for allowing ammonia to be discharged from the Thunderbird ice rinks into a tributary of the Fraser River.
In November 2018, Provincial Court Judge Bonnie Craig found UBC guilty of offences under the Fisheries Act, namely permitting the deposit of a deleterious substance into water frequented by fish.
The trial heard that on Sept. 11, 2014, the refrigeration system at the ice rinks broke down. CIMCO Refrigeration, the company tasked with doing maintenance, was called out to do repairs.
During the course of repairs, an ammonia-containing solution was discharged down a storm sewer outside the arena. The storm sewer drained into a culvert downstream which in turn drained into Booming Ground Creek and then the Fraser River.
An Environment Canada investigation was launched after two people reported the smell of ammonia from the culvert. Samples taken revealed a strong concentration of ammonia — toxic to fish. In the two days following the discharge about 70 dead fish were found in the creek.
After an application to have the charges stayed due to unreasonable delay failed, CIMCO, which was also charged in the case, pleaded guilty and was fined $800,000.
UBC claimed at trial that the Crown had not proved the ammonia had entered the Booming Ground Creek since there were no samples taken beyond the ditch at the culvert, but the judge rejected that argument.
On appeal the university claimed that the trial judge erred in her findings but B.C. Supreme Court Justice Neena Sharma said that the judge’s conclusions that a deleterious substance had entered the creek were “unassailable.”
“Having reviewed the voluminous record in this case, I find her conclusions confirm with the overwhelming evidence presented at trial about the presence of deleterious substance in the creek,” said the judge’s decision. “Those conclusions are also consistent with common sense and logic. The trial judge distilled a complex body of evidence into a concise, well-reasoned and sound decision.”
Regarding the fine, Sharma found the penalty imposed was appropriate, rejecting UBC’s argument that the trial judge had erred by relying on the joint submission by Crown and defence that was used for the CIMCO sentencing.
Sharma also dismissed UBC’s challenge that Craig had erred in her finding at trial that there was no unreasonable delay in the case.
UBC said in a statement Wednesday it is reviewing the decision.