Government of the Northwest Territories - conviction information for 2021-01-28
| Corporation name: | Government of the Northwest Territories |
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| Address: | P.O. Box 1320 |
| City: | Yellowknife |
| Province/territory: | Northwest Territories |
| Postal code: | X1A 2L9 |
| Country: | Canada |
| Sector or industry: | 912 - Provincial and territorial public administration |
| Location of offense: | Near coordinates N 62.5119 and W -116.4545, Edzo, Northwest Territories |
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| Case summary: | On May 30th, 2018, a Landbird Biologist with the Canadian Wildlife Service – Environment and Climate Change Canada, was conducting fieldwork as part of a landbird monitoring program near a substrate extraction pit operated by the Government of the Northwest Territories (GNWT) – Department of Infrastructure known as “Pit 201” at approximately N 62.5119 and W -116.4545. It was observed and documented with photographs the presence of an active colony of approximately 12 Bank Swallows (Riparia riparia) and an equivalent number of nesting cavities. The swallows were flying over the entire area while foraging and the nesting cavities were occupied. |
| Charges: |
Count 1
On or between the 30th day of May in the year 2018 and the 20th day of June in the year 2018, at or near kilometer 201 of Highway 3 in the Northwest Territories, DID UNLAWFULLY destroy a nest of a Migratory Bird, to wit Bank Swallow, contrary to Section 6(a) of the Migratory Birds Regulations, C.R.C., c. 1035, thereby committing an offence under Section 13 of the Migratory Birds Convention Act, S.C. 1994, c. 22, as amended.
Count 2
On or between the 30th day of May in the year 2018 and the 20th day of June in the year 2018, at or near kilometer 201 of Highway 3 in the Northwest Territories, DID UNLAWFULLY destroy the residence of a wildlife species, to wit Bank Swallow, that is listed as a threatened species contrary to Section 33 of the Species at Risk Act S.C. 2002, c. 29 as amended, thereby committing an offence under section 97 (1) of the said Act. |
| Enforcement notification: | Government of Northwest Territories fined $10,000 for offence under Species at Risk Act |
| Result: | Guilty Plea |
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| Date of conviction: | 2021-01-28 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Destroy the residence of a wildlife species that is listed as a threatened species contrary to Section 33 of the Species at Risk Act S.C. 2002, c. 29 as amended, thereby committing an offence under section 97 (1) of the said Act. |
| Act | Regulations | Section(s) |
|---|---|---|
| Migratory Birds Convention Act, 1994 | Migratory Birds Regulations | 13, 6(a) |
| Species at Risk Act | 33, 97(1) |
| Date of sentencing: |
2021-01-28 |
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| Location of sentencing: | Yellowknife, Northwest Territories |
| Sentence(s): |
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| Amount of fine(s): | $10,000 |
| Sentencing details: |
The 28, January 2021 before the Territorial Court of the Northwest Territories of Yellowknife, Northwest Territories, the Government of the Northwest Territories as represented by the Department of Infrastructure pleaded guilty of offense of destroying the residence of one or more individuals of a wildlife species that is listed as threatened and was sentenced to pay a fine of $10,000 to the Government of Canada Environmental Damages Fund.
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