PEI
A justice has ordered Summerside improvement institution Strategic Holdings Inc. to wage $20,000 successful fines aft the institution entered 2 blameworthy pleas connected situation charges.
Heavy instrumentality was utilized to 'disturb and reshape' onshore adjacent a watercourse, tribunal told
CBC News
· Posted: Apr 11, 2025 1:50 PM EDT | Last Updated: 21 minutes ago
A justice has ordered Summerside improvement institution Strategic Holdings Inc. to wage $20,000 successful fines aft the institution entered 2 blameworthy pleas connected situation charges.
Company president and sole shareholder Nathan Kember and his lawyer appeared successful tribunal Friday greeting and entered the 2 blameworthy pleas.
The Crown past withdrew two different biology charges against the company, arsenic good arsenic the 7 biology charges that had been laid against Kember himself.
The blameworthy pleas were for altering oregon disturbing the crushed wrong 15 metres of a watercourse oregon wetland boundary, and operating dense machinery successful that aforesaid country without the due permits.
The tribunal heard these violations happened connected a 40-acre parcel of onshore astatine 674 Water St. East successful Summerside, wherever Strategic Holdings is gathering an flat analyzable and driving range.
The spot had been historically utilized for agriculture and has watercourses and wetlands connected it, including portions that backmost onto Summerside Harbour, truthful it falls nether regulations outlined successful P.E.I.'s Environmental Protection Act.
No permits to bash work
According to an agreed connection of facts work successful tribunal Friday, Kember was successful interaction with the Department of Environment, Energy and Climate Action, which oversees the act, successful July of 2024 astir his intentions to transportation retired crushed enactment connected his property.
Summerside-area developer and his institution facing biology charges related to waterways
"During the improvement process of the land, dense instrumentality was utilized to disturb and reshape the land. [The company] was astatine each worldly times liable for the disturbance of immoderate crushed materials during the operation and reshaping of the land," the document reads.
"Neither Mr. Kember nor [the company] had a valid licence oregon licence to let dense instrumentality to participate wrong 15 metres of a wetland oregon watercourse bound oregon to disturb immoderate crushed wrong 15 metres of a wetland oregon watercourse bound connected the land."
If you're going to beryllium successful the improvement concern … it's up to you to cognize what the rules are. In these facts earlier maine ... ignorance is nary excuse.— Judge Krista MacKayThe tribunal heard that section unit went to the tract successful August and discovered that the dense instrumentality had been utilized successful that area, and told Kember it was a violation.
In October, the curate signed a ministerial bid ordering the remediation of the land.
Days later, unit who went backmost to the tract noted that determination was dense instrumentality connected the tract and the onshore had been further altered.
The adjacent day, unit returned on with a backstage tow motortruck relation and seized a dozer from the site. Kember is besides facing transgression charges for events that occurred connected that day.
The tribunal heard the dozer volition present beryllium returned to the company.
Most remediation enactment has been done
Both the Crown, Chad McQuaid, and Kember's lawyer, Jordan Brown, told Judge Krista MacKay they believed Strategic Holdings should beryllium fined $10,000 for each violation. That's the minimum punishment outlined successful the act.
Kember did not talk successful tribunal connected Friday. Brown spoke connected his behalf, highlighting the enactment his lawsuit is doing to supply lodging successful the community, with a absorption connected energy-efficient and greenish developments.
He added that Kember, 32, was calved and raised successful Summerside, wherever his household has "significant" connections, and that members of the assemblage and his religion were determination to enactment him successful court.
"Mr Kember, if you're going to beryllium successful the improvement concern … it's up to you to cognize what the rules are. In these facts earlier maine ... ignorance is nary excuse," MacKay told the company's president.
The justice yet accepted the associated proposal of a $20,000 fine.
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MacKay went connected to archer Kember that she believes the enactment helium is doing to adhd lodging banal to the assemblage is positive, peculiarly during a lodging shortage.
But she besides told him if helium wants to physique green, sustainable communities arsenic helium says, helium needs to respect biology laws, peculiarly erstwhile those tasked with enforcing the laws bring issues to his attention.
At this point, Kember tried to interject, but the justice stopped him.
"This is not a statement for you and I," she said. "This is my decision."
The tribunal heard that Kember has completed overmuch of the enactment required by the presumption of the ministerial bid past fall, prevention for 1 portion — hiring a nonrecreational to representation retired the wetlands and their boundaries connected the property. That can hap lone betwixt June and September.
"Certainly Mr. Kember has committed that immoderate needs to beryllium done volition beryllium done," his lawyer told the court, adding that the bid has outlined what repercussions helium volition look if the enactment isn't completed.
Criminal charges laid successful May
The transgression charges against Kember were not dealt with Friday, but were adjourned to adjacent month.
The tribunal heard the volition is to divert the substance to alternate measures, a process extracurricular of the judicial strategy that allows first-time offenders to bespeak connected their actions and marque amends without incurring a transgression record.
If they spell that route, Kember volition motion an statement to enactment successful the programme done probation services, and his lawsuit volition periodically instrumentality earlier a justice for an update connected its progress.
If Kember completes the steps outlined successful the agreement, the charges are stayed. If not, the substance comes backmost earlier the courts.