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

Environment Canada has issued a snow warning for the Kootenays on Friday. File photo
Environment Canada issues snow warning for Friday

Two-to-10 centimetres is expected to fall

Brody Peterson told The Gazette he intends to dispute tickets issued by Grand Forks RCMP at his backyard “house warming” Saturday, Oct. 10. Photo: Laurie Tritschler
Homeowner intends to dispute COVID tickets after backyard party near Grand Forks

Brody Peterson said bands that played at his home shut down before the 11 o’clock cut off

Dave Bachmier said he was “devastated” to find his departed wife’s bench upturned and broken in the wake of road maintenance outside his rural property. Photo: Laurie Tritschler
YRB apologizes after sub-contractor breaks memorial bench on Danshin Village Rd.

Bench was a favourite spot of property-owner’s departed wife

From the left, Retired Fire Chief Dale Heriot (formerly of Grand Forks Fire/Rescue) and Fire Chief Walt Osellame (Midway Fire/Rescue) were given the FCAB’s Meritorious Achievement Award Monday, Oct. 19. File photo
Boundary Fire Chiefs given top honour for fire service

Fire Chiefs Heriot and Osellame were recognized by the Fire Chiefs Association of B.C. Monday, Oct. 19

Join the discussion with Boundary Similkameen candidates. (Photo submitted)
Boundary Similkameen candidates to debate health care tonight

Everyone is welcome to join the online event

Provincial health officer Dr. Bonnie Henry presents modelling of COVID-19 spread in B.C., March 25, 2020. (B.C. government photo)
B.C. sets another COVID-19 record with 203 new cases

up to 1,766 active cases in B.C., two more deaths

RCMP. (Phil McLachlan - Black Press Media)
British Columbia man dies during ski trip near glacier west of Calgary

Kananaskis Public Safety and Alpine Helicopters responded around 2:30 p.m.

Prime Minister Justin Trudeau arrives on Parliament Hill in Ottawa on Monday, Oct. 19, 2020, following a week-long break for the House of Commons. THE CANADIAN PRESS/Sean Kilpatrick
One crisis after another for Trudeau since last federal election one year ago

It has been a year of unprecedented calamity and crisis

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Rio Tinto Alcan’s aluminum smelter at Kitimat competes against producers in the Middle East and Russia that have no carbon tax. (Rio Tinto)
B.C. carbon tax highest in Canada, export industries unprotected

B.C. NDP, B.C. Liberals say they’re looking at exemptions

(Pixabay)
Vancouver teacher suspended after swearing, touching students and complimenting underwear

McCabe touched students, including rubbing their backs and necks, touching their hair and hugging them

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Jack Vellutini, 100, is still making sweet music. Photo: Submitted
Music stirs memories as Trail serenader nears 101st birthday

Jack Vellutini gave his brass instruments to Trail up-and-comers so the legacy of music can live on

Most Read