Cutting down 25 trees costs B.C. man more than $80,000

Cutting down 25 trees costs B.C. man more than $80,000

Former city council candidate illegally dropped alder and maple in pricey Nanaimo neighbourhood

A Nanaimo businessman has been fined close to $84,000 for illegally downing trees near Departure Bay ferry terminal in summer 2016.

Jim Mercier was initially charged with more than 40 City of Nanaimo municipal bylaw offences which took place between Aug. 25-Sept. 4, 2016 on a 22,000-square foot lot on White Eagle Terrace, which Mercier was considering buying at the time and has since bought. Twenty-five of those counts were confirmed, according to Judge Douglas Cowling at provincial court in Nanaimo on Thursday.

Nineteen trees were broad leaf maple trees with trunk diameters between 26-69 centimetres, said Cowling. There were also six red alders with trunks ranging from 27-34 cm in diameter. The lot was in an area with “expensive homes” between a residence and Beach Estates Park, which Cowling said isn’t a developed park. It protects a stream and has a 20-metre slope to the Departure Bay foreshore. It has been designated as a place of archaeological significance due to evidence of First Nation occupation.

Cowling said evidence indicated tree removal was primarily to enhance the view. There were concerns slope stability could be affected by the tree removal.

The cutting of the trees took place at the direction of Mercier by, what the judge gathered, was a person with professional ability.

Cowling fined Mercier to what amounted to $65,000, the property value increase due to the tree cutting, and $750 for each tree for a total of $83,750. Cowling said it was important to look at the totality of the $750 figure as opposed to the per tree figure.

The fine has to be fully paid by Sept. 1, 2020, said Cowling.

Neither Peter Behie, Mercier’s legal counsel, nor Mercier were available for comment after sentencing.

Jarrett Plonka, city legal counsel, was pleased with the ruling and said one of the primary principles of sentencing by Cowling was discouraging profits from the contravention.

“Judge Cowling imposed a $65,000 fine as a starting point and that’s to essentially ensure that Mr. Mercier doesn’t profit and has to pay a fine equivalent to the profit that he’s enjoyed from improving the value of his property,” said Plonka. “The $18,750 … the fine that can’t just account for profit, the fine also has to account for things such as denunciation and deterrence to send a message to the public that trees can’t be cut, breaching the bylaw in contravention of it without regard to the city’s bylaws.”

Plonka suggested the financial figure the court came to was well within what the city proposed as an appropriate fine.

Mercier ran in the 2017 byelection for Nanaimo city council.



reporter@nanaimobulletin.com

Like us on Facebook and follow us on Twitter

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

Just Posted

B.C. Cattlemen’s Association general manager Kevin Boon. (B.C. Cattlemen’s Association photo)
COVID, BSE, water access and private land rights: B.C. Cattlemen’s general manager weighs in

Kevin Boon said positive aspect of pandemic is more people interested in where their food comes from

B.C's COVID-19 dashboard shows the peaks and valleys of cases prior to the record daily report of 132 on April 9, 2021. (Dashboard image)
Interior Health has record day of COVID-19 cases

132 cases reported Friday, April 9, more deaths in Vernon hospital outbreak

Environment Canada is forecasting up to 20 centimetres of snow on the Coquihalla Highway Friday, April 9, 2021. (File photo)
Snowfall warning in effect for Coquihalla Highway

Environment Canada is forecasting up to 20 cm of snow to fall on the Coquihalla Friday

The Peach is adhering to the mandatory mask protocols put in place by the Provincial Health Officer on Nov. 19. (Monique Tamminga Western News)
Interior Health doesn’t echo B.C.’s daily COVID record

80 new cases reported Thursday, April 8, compared to 91 the day prior

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has suspended indoor dining at restaurants and pubs until at least April 19 in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C. sets new COVID-19 daily record with 1,293 cases Thursday

New order allows workplace closures when infections found

People take part in an anti-curfew protest in Montreal on Sunday April 11, 2021. Hundreds of people gathered in Old Montreal tonight in defiance of a new 8 p.m. curfew. THE CANADIAN PRESS/Giuseppe Valiante
VIDEO: Hundreds defy Montreal’s 8 p.m. curfew in violent, destructive protest

Quebec reported 1,535 new COVID-19 cases on Sunday, as well as five additional deaths linked to the virus

Photos of Vancouver Canucks players are pictured outside the closed box office of Rogers Arena in downtown Vancouver Thursday, April 8, 2021. The Vancouver Canucks say 25 players and coaches have tested positive during a COVID-19 outbreak that involves a variant of the virus. It is now the biggest reported outbreak in the NHL this season. THE CANADIAN PRESS/Jonathan Hayward
Canucks’ return to practice pushed back as player added to COVID protocol list

COVID outbreak has led to eight games being cancelled

People walk past the Olympic rings in Whistler, B.C., Friday, May 15, 2020. Whistler which is a travel destination for tourists around the world is seeing the effects of travel bans due to COVID-19. THE CANADIAN PRESS/Jonathan Hayward
Adults living, working in Whistler, B.C., eligible for COVID-19 vaccine on Monday

The move comes as the province deals with a rush of COVID-19 and variant cases in the community

RCMP crest. (Black Press Media files)
UPDATE: RCMP investigating after child, 6, dies at motel in Duncan, B.C.

The BC Coroners Service is conducting its own investigation into the circumstances around the child’s death

RCMP display some of the fish seized from three suspects who pleaded guilty to violating the Fisheries Act in 2019, in this undated handout photo. THE CANADIAN PRESS/HO - RCMP
3 banned from fishing, holding licences after overfishing violations near Vancouver Island

Mounties seized the group’s 30-foot fishing vessel and all equipment on board at the time

B.C. Premier John Horgan responds to questions during a postelection news conference in Vancouver, on Sunday, October 25, 2020. British Columbia’s opposition Liberals and Greens acknowledge the COVID-19 pandemic has presented huge challenges for Horgan’s government, but they say Monday’s throne speech must outline a coherent plan for the province’s economic, health, social and environmental future. THE CANADIAN PRESS/Darryl Dyck
Horgan’s NDP to bring in throne speech in B.C., Opposition wants coherent plan

Farnworth said the budget will include details of government investment in communities and infrastructure

Most Read