麻豆社区

The Whitehorse Cross-Country Ski Club has been slapped with a $1,725 fine and ordered to complete remediation work on a trail cut wider than the law allows.

Judge Richard Thompson handed down the decision in court yesterday afternoon.

The club pleaded guilty to both charges they faced 鈥� the first for clearing a trail exceeding 1.5 metres without a permit, and the second regarding the unauthorized harvesting of forest resources.

Anne Kennedy, president of the ski club's board, told the court the organization accepts responsibility for their actions.

The charges stem from an incident last fall that saw club volunteers cut a four-kilometre trail to connect the Fraser Loop at the top of Mount McIntyre to Fish Lake Road.

The trail, which was not finished before a stop-work order was issued, was intended to allow skiers to access the popular early-season loop on skis.

The trail was originally intended to be cut 1.5-metres wide 鈥� an action permissible without permits 鈥� but ended up 2.5-metres wide in some areas.

Problems arose when a local resident filed a complaint with the territorial government with fears the trail may open the door to ATV usage.

The trail was not completed through to Fish Lake Road, and was labeled as rough, but useable with enough snow cover.

Following yesterday's sentencing, Kennedy told the Star that the monetary fine "seems appropriate.鈥� While still a significant blow to the club's coffers, she said it was "not overly excessive.鈥�

Kennedy said the club would work with the government to have the issue resolved as soon as possible.

Representing the Crown, lawyer Kimberly Sova had proposed fines of $2,500 and $1,000 for the two charges, alongside a remediation order that would see the club work to clean up the trail they cut.

While the ski club is a non-profit society, it does boast a membership of 1,300 and an annual operating budget of $380,000, Sova pointed out.

She argued the fine she was requesting would translate to less than one per cent of the club's budget, or less than $3 per member.

"This would not cause a significant impact on the economic viability of the organization,鈥� she told court.

The remediation order will see the club prepare a plan to repair trees that were "improperly pruned鈥� and remove the fallen trees to ensure the forest is "left healthy鈥� with a deadline of September 30. The Department of Energy,Mines and Resources would approve the work.

Willows, alders, and white spruce as large as 20 centimetres in diameter were pruned or felled to create the trail.

The clearing of the Skyline Trail took place after two years of lengthy preparation, Sova said, and the club knew beforehand about the necessary permits to proceed with clearing a trail wider than 1.5 metres.

She said the ski club was "very aware鈥� they needed to restrict the width of the trail, but didn't provide the necessary supervision to make sure those completing the work stayed within the expected limits.

Sova did admit the club's board has been forthcoming and honest about the errors committed since the charges came forward, but said the fines she was requesting were much less than the maximum allowable charges of $150,000 and $5,000.

Representing the club on a volunteer basis, defence lawyer Dan Shier told the court that the club has made a "conscious decision鈥� not to fight the charges, but to deal with them on a straightforward basis.

Shier argued that the monetary charges alongside remediation work listed at no value represented "significant contribution鈥� from volunteers.

"This is a 鈥榳hoops' sort of situation,鈥� Shier said. "This was no cold, calculating decision. It's a mistake. That's really what this is.鈥�

A group of over-enthusiastic volunteers blazed the new trail in a non-malicious manner, he argued, adding that the trail shrinks and grows according to the topography of the area.

Just because the ski club organization is large, that does not mean it is wealthy, Shier told court. He argued the club pay a fine of $500 alongside the remediation work.

However, Judge Thompson reminded the court that the ski club is "liable for what volunteers go out and do.鈥�

Thompson called the incident a "unique circumstance鈥� with no previous cases to guide his decision.

While the incident may not seem to be the most "egregious of offences,鈥� Thompson said legislation and the

assessment process are meant to uphold the law.

He said the case could work as a deterrent for others in the future.

"Deterrence is a significant factor,鈥� he said. "A fine consideration must be meaningful.鈥�

Important considerations for the club would have been consulting residents near the trail prior to the work being carried out, Thompson added.

Individuals were authorized by the club to clear the trail, and "were at best indifferent to maintaining the regulated width,鈥� he concluded.

The club is charged with important stewardship of the environment for the benefit of the entire population, and there is a duty of care necessary when the club exercises that privilege, Thompson said.

As a steward of a large tract of land, the ski club needs to take responsibility for its actions.

"In the end, I have to use my discretion,鈥� he said. "It is important to give real meaning to the protection of the

environment 鈥� I'm sure the level of care will rise exponentially from here.鈥�