Kevin Wilson
Northern News Services
Yellowknife (Jun 29/01) - A territorial Supreme Court judge set aside a Fisheries Act conviction against the Yellowknives Dene First Nation, but upheld convictions against a band-owned corporation and the former chief.
The Yellowknives, the Deton'Cho Corporation, and Darrell Beaulieu were convicted last year of illegally altering fish habitat. The band was fined $60,000, Beaulieu was fined $3,000, and Deton'Cho Corporation $1.
All three parties appealed, arguing that errors occurred during the original trial. The Crown applied to have the fines increased.
The convictions stem from excavations conducted in Ndilo between May of 1997 and November of 1998. Gravel and debris from a housing development were moved to an area facing onto Back Bay. The Department of Fisheries and Oceans consider the area to be prime fish habitat.
In his 14-page ruling, Vertes said Beaulieu and Deton'Cho, "took a calculated risk for the sake of mere expedience and the sentence therefore should reflect the cost of that risk."
However, Vertes felt that there was, "no direct evidence that the (Yellowknives Dene First Nation) acted in any way whatsoever ... the conviction of the band cannot stand."
The $60,000 fine against the band was set aside, but Vertes also set aside the $1 fine against Deton'Cho, replacing it with a fine of $60,000.
Vertes dismissed the Crown's application to increase the overall fines.
Neither the Crown nor defence lawyer Richard Gariepy were available for comment. Several calls to Beaulieu went unanswered.
