This case was heard in the Provincial Court of Newfoundland and Labrador.

Mr. Payne was charged with contravening Canada’s National Parks Highway Traffic Regulations and thereby violating the Canada National Parks Act by operating an All-Terrain Vehicle (“ATV”) in a prohibited area of Gros Morne National Park. Mr. Payne also fled the peace officer who confronted him, and so was charged with violating the provincial Motorized Snow Vehicles and All-Terrain Vehicles Act. Mr. Payne pled guilty to the charges, and so the Court’s only task was to determine the sentence that should be imposed. In doing so, it considered the purpose of the legislation and the nature of the offence, including the evidence that Mr. Payne had operated his ATV in a sensitive ecological area that contained fragile sand dunes and a nesting ground for piping plover. After consideration, the Court imposed a fine of $800 and prohibited Mr. Payne from operating an ATV or “over-snow” vehicle in Gros Morne National Park for a period of one year.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlpc/doc/2015/2015canlii28471/2015canlii28471.html

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