R v. Kirby Offshore Marine Operating: Judge orders Kirby pay fine to Environment Canada Fund

Press Release

August 20, Bella Bella – Heiltsuk Tribal Council would like to clarify the following facts regards the recent criminal court decision in R v. Kirby Offshore Marine Operating.

Judge Hoy approved a guilty plea that Kirby violated environmental and pilotage laws. The judge ordered Kirby pay a fine of 2.9 million dollars to the Environmental Damage Fund and recommended that it be administered for the benefit of the Heiltsuk Nation for the purposes of restoration of the habitat affected by the environmental damage.

Kirby’s payment to the Environmental Damage Fund is administered by Environment Canada. Heiltsuk may apply to Environment Canada for funding to restore the natural environment and wildlife impacted by the Nathan E Stewart grounding and oil spill. Unfortunately, the Judge’s ruling does not hand any of the fine money to Heiltsuk and does not give Heiltsuk any control over how Environment Canada will administer the fine money. Heiltsuk will be applying to Environment Canada for funds to restore the environmental damage from the incident.

Judge Hoy’s decision is separate from the ongoing civil claim Heiltsuk Nation has brought against Kirby which seeks compensation for lost harvest and cultural uses, and seeks declarations of Heiltsuk’s title and rights. Kirby continues to deny civil liability.

R v. Kirby Offshore Marine Operating Decision July 2019 

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