CHARLOTTETOWN, P.E.I. - A judge says a farmer convicted of cleaning his sprayer improperly cannot be held accountable for the death of fish in a nearby creek.
Lawyers made arguments Tuesday in the case of Edwin Arnold Scott, who pleaded guilty April 18 under the Pesticide Control Act for failing to clean out his sprayer in accordance with the manufacturers label.
The Crown is seeking a hefty fine between $30,000 and $50,000 to serve as a strong deterrence.
Scott’s defense lawyer Robert MacGregor argued such a fine would be excessive for the offence, noting the purpose of imposing a fine is not to deal a lethal blow.
He suggested a fine falling in the $3,000 to $5,000 range would be appropriate.
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Chief provincial court judge Nancy Orr seemed to agree that just because dead fish were discovered in this incident, there is insufficient evidence to place the blame on Scott.
The court heard last month on Oct. 10 that children discovered dead fish while playing along Hyde Creek Cornwall.
Officials were notified, and various water samples, along with the dead fish, were collected.
A total of 120 fish were killed, including 115 brook trout and five stickleback.
Pesticide analysis results showed several of the water samples tested positive for herbicide Diquat. However, the primary cause of death of the fish was listed as undetermined.
“We don’t have any indication of any cause of death,’’ stressed MacGregor.
Orr will deliver her sentence June 13.
