Crown Appeals GEMTEC Ruling

Engineering Firm Set to Return to Court on Landfill Case

(Moncton, January 13, 2004) - The Attorney General of Canada has filled an appeal before the Provincial Court of Queen's Bench in Moncton yesterday in the matter between the Crown and GEMTEC Ltd. and Robert Lutes, in relation to the Moncton landfill case.

The trial against the two accused ended abruptly on December 12th when Provincial Court Judge Yvette Finn granted a Defendant's motion to have their case dismissed, on the basis that the Crown had not tendered a "Minister's Certificate" during the three-week trial that ended on October 8th. According to the judgment, since the Crown had not proven the exact date on which the Minister became aware of the alleged offences, pursuant to section 82 (2) of the Fisheries Act (which defines the period of limitation), the case was dismissed.

Petitcodiac Riverkeeper Daniel LeBlanc was pleased with the Crown's decision to appeal the case within 30 days of the ruling. "We were very disappointed in December to hear that this case was being dismissed on technicalities, so are certainly pleased today to hear that the Attorney General is appealing this decision", said LeBlanc. "It's an important case that has far-reaching implications on the manner in which the Fisheries Act and other environmental laws are enforced in this province and in Canada, and we commend the Attorney General for this decision".

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INFORMATION:

Daniel LeBlanc, Petitcodiac Riverkeeper
(506) 388-5337 - www.petitcodiac.org