Crown withdraws environmental charges in N.S. highway-twinning case
Prosecutors have made the decision to withdraw environmental charges related to a highway-twinning project on the South Shore in Halifax. The charges were brought against Dexter Construction and a sub-contractor, Design Point, in connection to work being done on a section of Highway 103 near a brook in Queensland. Sediment from the construction activities ended up in the brook and ultimately made its way into a local lake known as “the Puddle.”
According to Crown prosecutor Brian Cox, the issue that would have been contested at trial was whether the parties involved took reasonable or lawful steps to prevent the releases of sediment from occurring. Cox noted that while there was no actual harm to plant or animal species as a result of the sediment release, there was potential for harm.
The eight incidents of sediment release occurred between late 2021 and late 2022, with the charges originally scheduled to go to trial next month. Cox explained that the decision not to proceed to trial was based on various factors, including the circumstances of the alleged offenses, compliance with environmental regulations, any omissions that may have occurred, the actual environmental impact, and the impact on the community.
Additionally, charges against the Department of Public Works have been stayed by the Crown. This decision allows for a reassessment of the charges in the future to determine whether promised remediation efforts have been carried out.
Overall, the decision to withdraw the charges was influenced by considerations such as the benefits of completing the highway twinning project, as well as saving time and expenses associated with a full trial. This resolution highlights the complexities involved in balancing environmental protection with infrastructural development.
