Lake Louise ski resort wants fine reduced from $2M to $200,000 for chopping down endangered trees

An Alberta ski resort has appealed a Calgary judge's $2.1-million fine for cutting down endangered trees, arguing the sentence is "grossly disproportional and demonstrably unfit."

The Lake Louise Ski Resort in Banff National Park has asked a higher court to either stay the charges or reduce the penalty to $200,000.

One year ago, the resort pleaded guilty to charges under the Species at Risk Act and Canada National Parks Act for cutting down a stand of trees, including 38 endangered whitebark pine, along a ski run in 2013.

Last month, provincial court Judge Heather Lamoureux imposed the fine that works out to about $55,000 per tree. The maximum fine is $300,000 per tree.

In a notice of appeal filed Friday, the resort argues the trial judge "made palpable and overriding errors of fact and findings in absence of evidence and in interpreting mitigating and aggravating factors erroneously."

• Lake Louise ski resort fined $2M for removal of endangered trees

In her decision, Lamoureux said the resort had risked "undermining the survival of the species in the decades to come."

But the appeal argues there are 200 million whitebark pines in Canada and that Lamoureux erred in her assessment of the risk of harm to the species.

The resort had previously argued that cutting down 38 trees would have "zero impact" on the overall whitebark pine population in Canada.

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Dan Markham, the resort's director of brand and communications, said after the sentencing decision that the resort has taken steps — like educating staff and marking the 7,000 whitebark pines on resort land — to ensure the endangered trees remain protected.

Before the guilty plea, defence lawyer Alain Hepner had made an application to have the charges tossed out because, he argued, the case had taken too long to get to trial. Lamoureux rejected the application — and that decision is also under appeal. The resort wants the charges to be stayed. In the event the charges are not stayed, Hepner will argue for the fine to be reduced.

In 2013, seven employees were doing cleanup work on Ptarmigan Ridge at the ski resort. They were trimming and removing trees, including the endangered pines, which was done without a permit.

Following DNA analysis, the trees were confirmed to be whitebark pines and the case was handed over to Parks Canada investigators. 

Prosecutor Erin Eacott had proposed the $2.1-million fine, arguing a "significant deterrent" was needed to protect the species.

Invasive disease, fire and climate change threaten the whitebark pine. 

The whitebark pine is found at high elevations in western North America and helps stabilize steep subalpine slopes.

The trees have been growing on the continent for 100,000 years and some are hundreds of years old.

The appeal will be heard in March by a Court of Queen's Bench judge in Calgary. 

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