Dr. Larry
Reynolds
Legal Counsel
R. v. Canadian National Railway (Wabumun Lake) (2009 ABPC Nos. 060656030P1/080152564P1)
This regulatory enforcement prosecution was the a result of an investigation by the Department of Fisheries and Oceans Canada and Environment Canada into the spill of hydrocarbons (petroleum) into Wabamun Lake, Alberta as a result of a large freight train derailment. The spill was the largest inland petroleum spill in Canadian history. The case involved a large amount of expert evidence relating to the effects of oils spills on freshwater fish species and migratory waterfowl. A conviction resulted in the largest penalty ever awarded under the Migratory Birds Convention Act, 1994. Of particular interest, a creative sentencing component of penalty included the innovative requirement that CN undertake environmental sensitivity mapping along all of its trackage in Alberta and British Columbia exposed to natural water bodies and to incorporate that information into future spill responses.