Otter Lake landfill ticket leads to battle between Halifax, province
CBC News | Posted: January 23, 2015 1:36 AM | Last Updated: January 23, 2015
City refuses to pay fine on grounds it would be tantamount to pleading guilty
A legal battle over a $693 ticket is being played out between the province and the Halifax Regional Municipality.
The ticket is for an environmental law that was allegedly broken at the city's Otter Lake landfill. The province's environment department alleges test results over a one-year period show too much silt in the water.
The city disputes this, saying there is no proof muddy water from a tailing pond at the landfill actually ended up going into the Nine Mile River.
It is asking the judge to throw out the charge, without even going to trial.
"Our view is that the charge involves proof that a concentration actually left the site. And we don't think there's any evidence of that," said city lawyer Josh Judah.
The city refuses to pay the fine.
"Paying the ticket is entering a guilty plea to something that we do not believe we're guilty of," said Judah.
The $693 fine only stands if it’s paid before the case makes it to court. If the city loses its case, it could be on the hook for more.
The provincial court judge in the case, Bill Digby, wants the city and province to prepare legal briefs for Friday afternoon. That's when he'll hear arguments from the two sides.