D'Arcy's private prosecution scheduled to go to trial
Published Tuesday March 24th, 2009
A trial date for a local development company being prosecuted by a private citizen for an alleged environmental infraction has been set.
Provincial court Judge Leslie Jackson set a Nov. 12 trial date for RAR Properties on a charge that it violated the Clean Environment Act by altering a wetland at 584 Bishop Dr. by filling it without a permit from the Department of Environment between June 28 and July 10.
It's not the province that's brought the charge forward, but activist Mark D'Arcy, through rarely used legislation allowing private citizens to launch prosecutions.
RAR Properties defence lawyer Patrick Hurley entered a not guilty plea to the charge.
D'Arcy also abandoned three other private charges he filed with the court last month - counts under the Clean Air Act and provincial Health Act, as well as another Clean Environment Act charge.
D'Arcy's is the latest in a series of private prosecutions to be heard before provincial court judges in Fredericton in recent years.
In previous proceedings, the province's attorney general exerted its authority to take over such prosecutions, only to stay the charges.
That effectively brought those prosecutions to an end.
Whether that will happen in this instance remains to be seen.
D'Arcy said last month he's not worried about that and can't spend his time worrying about what the attorney general might decide.
Elaine Bell, a spokeswoman with the Office of the Attorney General, was mum on the issue when asked about it Monday.
"We don't have any comment or info at this time," she wrote in an e-mail.
D'Arcy has been protesting RAR Properties' development efforts since last year for filling in land under development at its Bishop Drive property.
He maintains it's a significant wetland and that the province has abdicated its responsibility as the New Brunswick's steward of the environment.
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The NB Government is bound by its own stated policy - that it will not support activities within 30 metres of a Provincially Significant Wetland, unless these activities benefit the wetland or provide a necessary public function (i.e. public transportation projects, public infrastructure, pipelines or transmission corridors and projects necessary for public safety).
NB WETLANDS POLICY
http://www.gnb.ca/0078/publications/wetlands.pdf
Projects that must be registered: SCHEDULE A, UNDERTAKINGS
v) all enterprises, activities, projects, structures, works or programs affecting two hectares or more of bog, marsh, swamp or other wetland;
or
u) all enterprises, activities, projects, structures, works or programs affecting any unique, rare or endangered feature of the environment;
One would assume a wetland considered "Provincially Significant" by DNR would be "unique" or rare feature. It is the only bog of its type/size near Fred.
The infilling of this wetland clearly required an EIA registration by law.
According to the GNB page above this infill hasn't been registered nor a "determination" issued by the GNB (requires Ministers signature), ergo illegal.
Heads should role at the DENV. Why has DENV not commented publicly about the issue? Because there is nothing they can say that won't make them look like asses.
Good luck Mark
How many times in a year who you guess this happens? Why would they do this? Who do they do these things for? Is the environment really seen as important or just used to block regular people from doing the wrong things? Does it matter who you are or who you know? Sure it does. Welcome to politics and corruption.