Simpon's Num-Ti-Jah Lodge Ltd. - conviction information for 2018-06-27
| Corporation name: | Simpon's Num-Ti-Jah Lodge Ltd. |
|---|---|
| Address: | 3326-6th Street SW |
| City: | Calgary |
| Province/territory: | Alberta |
| Postal code: | T2S 2M3 |
| Country: | Canada |
| Sector or industry: | 5615 - Travel arrangement and reservation services |
| Location of offense: | Highway 93 - No civic number, Lake Louise, Alberta |
|---|---|
| Case summary: | On August 28th, 2016, a Park Warden attended the Lodge. During the visit, he observed three distinct family groups of barn swallows sheltering under the eaves of the main Lodge building. Fledgling birds were present and all the birds were without nests. Upon being questioned, two maintenance staff employed by the Lodge admitted they had removed barn swallow nests from the Lodge earlier that day. They had been instructed to do so by the Lodge Innkeeper, who managed all daily Lodge operations and upkeep. In total, four (4) barn swallow nests were removed from the Lodge by hand and destroyed. At the time of removal, there was one egg in one of the nests. Maintenance staff had observed barn swallows, including fledglings, inside the nests just before taking them down, although there were no birds in the nests at the time they were removed. Shortly after the incident, Park Wardens located the remains of a barn swallow nest and the remains of one fledgling bird beside the Lodge. The Lodge has never been issued a damage permit under the Migratory Birds Regulations. The barn swallow is a migratory bird pursuant to the Migratory Birds Convention Act, 1994 )S.C. 1994, c.22). |
| Charges: |
Count 1
On or about the 28th day of August, 2016, at or near the Hamlet of Lake Louise, in the Province of Alberta, Simpson's Num-Ti-Jah Lodge Ltd. did disturb the nest of a migratory bird, contrary to section 6(a) of the Migratory Birds Regulations, C.R.C. c. 1035 as amended, thereby committing an offence under section 13 of the Migratory Birds Convention Act, S.C. 1994, c.22, as amended.
Count 2
On or about the 28th day of August, 2016, at or near the Hamlet of Lake Louise, in the Province of Alberta, Simpson's Num-Ti-Jah Lodge Ltd. did contravene a condition of a licence issued under the National Parks of Canada Lease and Licence of Occupation Regulations, contrary to section 24(2) of the Canada National Parks Act, S.C.2000, c.32.
Count 3
On or about the 28th day of August, 2016, at or near the Hamlet of Lake Louise, in the Province of Alberta, Simpson's Num-Ti-Jah Lodge Ltd. did disturb or destroy a nest in Banff National Park, contrary to s.4(l) of the National Parks Wildlife Regulations, SOR/81-401, thereby committing an offence under Section 24(2) of the Canada National Parks Act,S.C. 2000, c.32 |
| Enforcement notification: | Lodge in Lake Louise area fined for unlawful destruction of migratory bird nests |
| Result: | Guilty Plea |
|---|---|
| Date of conviction: | 2018-06-27 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
|
| Additional details about the nature of the offense: |
Disturb the nest of a migratory bird - Migratory Bird Regulations (Repealed) s. 6(a)
Disturb a nest contrary in a National Park - National Parks Act s 4(I) |
| Act | Regulations | Section(s) |
|---|---|---|
| Other - see 'Charges' section | 4(l), 24(2) | |
| Migratory Birds Convention Act, 1994 | Migratory Birds Regulations | 6(a), 13 |
| Date of sentencing: |
2018-06-27 |
|---|---|
| Location of sentencing: | Calgary, Alberta |
| Sentence(s): |
|
| Amount of fine(s): | $27,000 |
| Sentencing details: |
The 27 Day of June 2018, before the provincial court of Alberta in Calgary, Alberta, Simpson’s Num-Ti-Jah Lodge Ltd. (the “Lodge”) has pled guilty to the offences of violating s.13 of the Migratory Birds Convention Act and s. 24(2) of the Canada National Park Act, being Counts 1 and 3 on Information No. 171085335P1; AND UPON HEARING the joint submission of the Crown and Defense Counsel;
THIS COURT ORDERS the Lodge to pay a total penalty of twenty seven thousand dollars ($27,000). The total amount ($27,000) shall be paid under this Order, made pursuant to s.13.2 of the Migratory Birds Convention Act and s.29.1 of the Canada National Parks Act, to the Government of Canada Environmental Damages Fund.
THIS COURT FURTHER ORDERS that pursuant to s.l6(l)(c) of the Migratory Birds Convention Act and s.30(l)(j) of the Canada National Parks Act, the Lodge shall prepare and publish an article providing a brief description of the offences and lessons learned for the proper management of barn swallows to be published in the Rocky Mountain Outlook, or another local paper of similar or greater circulation, within six (6) months of the date of this Order. A copy of the draft article and the name of the publication shall be sent to Parks Canada and Environment and Climate Change Canada for approval prior to publication. |