R. v. Alexander, 1999 CanLII 18928 (NL CA)

This case was heard in the Supreme Court of Newfoundland and Labrador (Court of Appeal).

Mr. Alexander was charged and convicted on two counts of unlawfully disposing of waste material at hunting camps that he owned, contrary to Newfoundland and Labrador’s Waste Material Disposal Act. He was fined $500 for each count. Mr. Alexander appealed to the Summary Conviction Appeal Court, which upheld the convictions but reduced the fines to $20 on each count. Mr. Alexander then appealed to the Newfoundland and Labrador Court of Appeal, arguing that the lower courts had not properly considered his defence of due diligence. The Crown cross-appealed, arguing that the Summary Conviction Appeal Court had erred in reducing the fines to $20 on each count.

After consideration, the Court of Appeal held that the lower courts had not erred in holding that the defence of due diligence did not apply, as Mr. Alexander had not taken all reasonable steps to ensure that he did not contravene the province’s waste disposal laws. The Court also held that the Summary Conviction Appeal Court had erred in reducing the fines to $20 on each count. The Court therefore dismissed Mr. Alexander’s appeal but allowed the Crown’s cross-appeal and restored the fines to $500 on each count.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlca/doc/1999/1999canlii18928/1999canlii18928.html

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