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

Mike Aldersey, the Port McNeill base manager for West Coast Helicopters has been awarded the prestigious Agar/Stringer Award by the Helicopter Association of Canada. (Submitted photo)
Vancouver Island pilot receives coveted helicopter industry awards

Port McNeill based Mike Aldersey is the recipient of the 2o2o Agar/Stringer Award given out to select few Canadians

The notice at Port Hardy Secondary School’s athletic track. (Zoe Ducklow photo)
SD85 school tracks closed to the public during school hours

To keep P.E. classes safe, the restriction went into effect Nov. 30

Shoebox Project logo
Donate now to the Campbell River/North Island Shoebox Project

There is just over a week to go in The Campbell River/North Island Shoebox Project campaign

The entrance to the Port Hardy aquatic centre. (Tyson Whitney - North Island Gazette)
Port Hardy council will decide fate of pool revitalization project at next meeting

The pool revitalization project will be on the agenda at the Dec. 8 meeting for council to vote on.

The Port Alice Community Centre opened its doors to the public Wednesday through Friday morning, offering coffee, tea, hot soup, meals and warmth. Cots were available for overnight stays. The centre had a generator, so people were able to charge their devices. Approximately 75 residents passed through during the three-day outage. (Debra Lynn photo)
Port Alice residents talk three-day power outage

The Port Alice Community Centre opened its doors to the public Wednesday through Friday morning.

A tongue-in-cheek message about wearing a face mask to curb the spread of COVID-19 on a sign outside a church near Royal Columbia Hospital, in New Westminster, B.C., on Sunday, Nov. 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C.’s COVID-19 infection count climbs back up to 656

20 more people in hospital, active cases still rising

An air ambulance leaves West Coast General Hospital for a trauma centre at 9:50 p.m. on Wednesday, June 12 after a Port Alberni youth was injured in an accident on the Somass River. SUSAN QUINN PHOTO
COVID-19 outbreaks at pair of Vancouver Island Hospitals

Saanich Peninsula Hospital in Saanichton and West Coast General Hospital in Port Alberni affected

A man stands in the window of an upper floor condo in Vancouver on March 24, 2020. THE CANADIAN PRESS/Darryl Dyck
Change made to insurance for B.C. condo owners amid rising premiums

Council CEO Janet Sinclair says the change will mean less price volatility

The Walking Curriculum gets students outside and connecting with nature. (Amanda Peterson/Special to S.F. Examiner)
‘Walking Curriculum’ crafted by SFU professor surges in popularity

The outdoor curriculum encourages students to connect with the natural world

Dave Wallace coached the Parksville Royals for 23 years. (PQB News file photo)
B.C. baseball community mourns death of legendary Vancouver Island coach Dave Wallace

‘All who knew Dave and his passion for the game will miss him greatly’

THE CANADIAN PRESS/Nathan Denette
B.C. researchers launch study to test kids, young adults for COVID-19 antibodies

Kids and youth can often be asymptomatic carriers of the novel coronavirus

A sign is seen this past summer outside the Yunesit’in Government office west of Williams Lake reminding visitors and members to stay safe amid the COVID-19 pandemic. (Rebecca Dyok photo)
B.C. First Nation leaders await privacy commissioner decision on COVID-19 information

Release of life-saving data cannot wait, says coalition of First Nations

Most Read