This case was heard in the Supreme Court of Nova Scotia.
Mr. Milligan contracted to sell top soil from property that he owned. Mr. Milligan required a permit to remove topsoil from the property, and although he had at one point initiated the permit application process, he had not completed the process, and his incomplete application had been rejected by the Department of Environment. After Mr. Milligan went ahead with the topsoil removal, he was charged and convicted under the provincial Environment Act for having engaged in “an activity designated by regulations as requiring an approval when he did not hold the appropriate approval.” After his conviction, the Crown appealed the sentence that the Trial Judge had imposed, arguing that fine, which was less than $10,000, was too light.
After considering the history of the case and the relevant law and legal principles, the Court held that the Trial Judge had committed no errors in law and that the sentence was not demonstrably unfit. The Court therefore dismissed the Crown’s appeal.
To read about other decisions related to this case, go to R. v. Scott Milligan, 2004 NSPC 9 (CanLII) and R. v. Scott Milligan, 2004 NSPC 42 (CanLII).