DP World, the Prince Rupert Port Authority and its contractors, Fraser River Pile and Dredge Inc., BelPacific Excavating and Shoring Limited Partnership and Bel Contracting have been charged with 10 fisheries violations that were alleged to have occurred during Phase 2 Fairview Terminal expansion. (Shannon Lough / The Northern View)

DP World, the Prince Rupert Port Authority and its contractors, Fraser River Pile and Dredge Inc., BelPacific Excavating and Shoring Limited Partnership and Bel Contracting have been charged with 10 fisheries violations that were alleged to have occurred during Phase 2 Fairview Terminal expansion. (Shannon Lough / The Northern View)

B.C. court asks Crown for more specifics on when fish died during port construction

Prince Rupert Authority and DP World face 10 fisheries violations involving Fairview expansion

The B.C. court has asked the Crown to provide the exact 116 occasions when, allegedly, fish died during an 11-month construction period at Fairview Container Terminal.

“The accused is entitled to be reasonably informed,” said Judge Herman Seidemann III.

DP World, Port of Prince Rupert and their contractors are facing 10 fisheries charges for causing serious harm to fish. In the Prince Rupert court on May 29, Judge Seidemann III reiterated exactly what is being alleged. The contractors FRPD and BEL Contracting built a large rock wall on the perimeter of the terminal. When the tide was high fish swam behind the wall, unable to escape when the tide later retreated.

Both parties met in court Wednesday after the defendants requested more sufficient details on the charges to permit a thorough defence during trial.

Ten charges were laid in Nov. 2018 after Fisheries and Oceans Canada (DFO) launched an investigation looking into whether fish were seriously harmed during the port’s Fairview expansion project between Nov. 30 2014 and Nov. 1 2015.

DP World, the port, and their contractors could face charges for 116 separate offences.

According to Section 78.1 of the Fisheries Act “where any contravention of this Act or the regulations is committed or continued on more than one day, it constitutes a separate offence for each day on which the contravention is committed or continued.”

The first offence is a minimum fine of $100,000 to a maximum fine of $4 million. Subsequent offences double to a minimum of $200,000 and maximum of $8 million.

READ MORE: Prince Rupert port and DP World faces 10 fisheries violations

Judge Seidemann III said that in order for the accused to have a fair trail the “particulars” on the 116 occasions is a necessity.

These particulars will impose additional obligations and expectations on the Crown to prove their case. The Crown has to prove beyond a reasonable doubt the exact days over the 11 month time period when the fish died however, they do not need to provide the means of death.

READ MORE: DFO launches investigation into alleged salmon deaths

The charges, laid on Nov. 2 at the Prince Rupert courthouse, state the accused carried out work that resulted in “serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to the fish that support such a fishery” and failure to conduct “fish salvage operations” prior to in-water work.

The defendants are also charged for allegedly failing to notify the DFO that attempts to avoid harm to the fish were not successful. DFO said they do not comment on cases before the court.

The next court date is set for Dec. 2, 2019 and will last until May 7, 2020. The first and last week of the trial will be held in Prince Rupert, with the rest being held in Vancouver to accommodate the amount of lawyers who will be present.

READ MORE: Trial dates edge closer for port, DP World facing fisheries charges


Jenna Cocullo | Journalist
Jenna Cocullo 
Send Jenna email
Like the The Northern View on Facebook
Follow us on Twitter

City of Prince RupertCourtDFODP WorldFisheries and Oceans CanadaPort of Prince RupertPrince Rupert Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

In the initial online posting of this story we stated that salmon were allegedly harmed during the port expansion, however the charges make no specific reference to salmon. The exact species of the fish that were harmed will be revealed in the upcoming trial in December.

Just Posted

Rose Sawka, 91, reaches out to her son Terry Sawka, on a daily visit through the window, from inside Acropolis Manor where a COVID-19 outbreak took hold on Jan 19. Rose was vaccinated for the virus on Jan. 20 and as of Feb. 25 has remained virus free. (Photo: K-J Millar/The Northern View)
No increases of COVID-19 at Acropolis -16 residents now recovered

Vaccinations have helped to stabilize Prince Rupert long-term care facility virus numbers

A health care worker prepares to test a Coastal GasLink field worker for COVID-19. (Coastal GasLink photo)
Coastal GasLink begins COVID screening of pipeline workers

Construction is once again ramping up following Northern Health approval of COVID management plan

BC Bus North was implemented under the NDP provincial government in 2018 when Greyhound cancelled services across northern BC. The transportation funding expires at the end of March 2021. (Photo: B.C. Transit)
BC Liberals call for immediate govt. renewal of BC Bus North funding

BC Liberals spent years ignoring need for better transportation in the North - Jennifer Rice, MLA

Prince Rupert Tourism is benefitting from funding for new welcome and wayfinding signage from the COVID-19 Community Economic Recovery Infrastructure Program. McClymont Park on the gateway into Prince Rupert is one of the first things tourists see entering the city by road. (Photo: K-J Millar/The Northern View)
$695,000 Community Economic Recovery funds to benefit local organizations

Prince Rupert Tourism and Gitga’at Development Corporation to receive COVID-19 recovery funds

Wainwright Marine Services Ltd.’s “Ingenika” tugboat went missing in the Garner Canal area south and east of Kitimat on Feb. 11, resulting in two deaths and the rescue of a third man. (Wainwright Marine Photo)
Tug union demands Transport Canada protect workers along B.C. coast and rivers

ILWU makes safety demands following the deaths of two men and the rescue of a third

Abbotsford’s Kris Collins turned to TikTok out of boredom when the provincial COVID-19 lockdown began in March 2020. She now has over 23 million followers on the video app. Photo: Submitted
Internet famous: Abbotsford’s Kris Collins is a TikTok comedy queen

Collins has found surprise stardom alone with a phone

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

Nanaimo children’s author and illustrator Lindsay Ford’s latest book is ‘Science Girl.’ (Photo courtesy Lindsay Ford)
B.C. children’s writer encourages girls to pursue the sciences in new book

Lindsay Ford is holding a virtual launch for latest book, ‘Science Girl’

Pig races at the 145th annual Chilliwack Fair on Aug. 12, 2017. Monday, March 1, 2021 is Pig Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Feb. 28 to March 6

Pig Day, Canadian Bacon Day and Grammar Day are all coming up this week

Staff from the Marine Mammal Rescue Centre, passersby, RCMP and Nanaimo Fire Rescue carried a sick 300-kilogram steller sea lion up the steep bluff at Invermere Beach in north Nanaimo in an attempt to save the animal’s life Thursday. (Photo courtesy Marine Mammal Rescue Centre)
300-kilogram sea lion muscled up from B.C. beach in rescue attempt

Animal dies despite efforts of Nanaimo marine mammal rescue team, emergency personnel and bystanders

Doctors and counsellors warn of an increase in panic attacks, anxiety, depression and suicide ideas between ages 10 to 14, in Campbell River. ( Black Press file photo)
Extended pandemic feeding the anxieties of B.C.’s youth

Parents not sure what to do, urged to reach out for help

Kara Sorensen, diagnosed with lung cancer in July, says it’s important for people to view her as healthy and vibrant, rather than sick. (Photo courtesy of Karen Sorensen)
B.C. woman must seek treatment overseas for inoperable lung cancer

Fundraising page launched on Karen Sorensen’s behalf, with a goal of $250,000

Gina Adams as she works on her latest piece titled ‘Undying Love’. (Submitted photo)
‘Toothless’ the kitty inspires B.C. wood carver to break out the chainsaw

Inspired by plight of a toothless cat, Gina Adams offers proceeds from her artwork to help animals

B.C. Finance Minister Selina Robinson presents bill to delay B.C.’s budget as late as April 30, and allow further spending before that, B.C. legislature, Dec. 8, 2020. (Hansard TV)
How big is B.C.’s COVID-19 deficit? We’ll find out April 20

More borrowing expected as pandemic enters second year

Most Read