PEI

Case of Summerside developer charged with environmental, criminal offences adjourned again

The case against developer Nathan Kember and his company Strategic Holdings Inc. did not go ahead as planned on Friday in Summerside provincial court.

Court heard the criminal charges may be diverted to alternative measures

A man with short brown hair, wearing a grey blazer over a black shirt, is shown standing on a construction site.
Nathan Kember is shown at a construction site in an undated photo provided by his legal team. (Submitted by Nathan Kember)

The case against developer Nathan Kember and his company Strategic Holdings Inc. did not go ahead as planned on Friday in Summerside provincial court.

Kember, 32, personally faces seven charges under the province's Environmental Protection Act and four criminal charges, including threatening to kill employees of the department that oversees that legislation.

The company of which Kember is the president is also facing four environmental charges. 

Kember did not appear personally in court Friday. His lawyer appeared virtually and told the court his client welcomed a new baby this week, but also said they were not prepared to proceed on the matters. 

Jordan Brown told the court there were still processes and details to be sorted out between himself and the Crown, partially due to scheduling conflicts, but he hoped the case could move along in the coming days. 

Judge Krista MacKay told the room she was "not particularly happy" the environmental charges were not being dealt with Friday, as that was the expectation she had set at the last appearance. 

Summerside developer facing charges for uttering death threats, other crimes

3 days ago
Duration 2:01
Court documents viewed by CBC News say Summerside developer Nathan Kember, 32, threatened to kill three people, at least two of whom work for the provincial government. Kember and his company Strategic Holdings are also facing 11 charges under the Environmental Protection Act, with the province saying they did work in a buffer zone or watercourse without the necessary permits. CBC's Nicola MacLeod reports. .

Kember's environmental charges, allegedly for work done in or around a wetland without the proper permits, were first addressed at a court appearance in November.

The charges have come before the court several times since, adjourned each time so that the defence could seek a resolution with the Crown — who echoed MacKay's comments Friday about the proceedings not going ahead.

Crown Attorney Chad McQuaid also noted that his office has received a lot of correspondence around this file — perhaps more than any other file in his career.

"At this point, I believe the ball is in Mr. Brown's court," he told the judge.

Summerside-area developer and his company facing environmental charges related to waterways

3 months ago
Duration 1:23
Documents filed in P.E.I. court show that Strategic Holdings and its president Nathan Kember have been charged under the Environmental Protection Act for doing work around waterways without the proper permits.

MacKay adjourned the case to next month, noting that she would be taking pleas on the environmental charges that day.

"There's going to be a plea… It's going to be guilty or not guilty," she said. "In two weeks time, I'm taking a plea one way or the other. This has gone on long enough."

There was also talk on Friday that Kember's criminal charges might be diverted to alternative measures, a process outside of the judicial system.

In order to be eligible for the program on P.E.I., the accused must accept responsibility for the crime and be willing to participate in the program through probation services. 

If the person completes the steps outlined in an agreement crafted under the program, the charges are stayed. If not, the matter comes back before the courts.

ABOUT THE AUTHOR

Nicola MacLeod

Video Journalist

Nicola is a reporter and producer for CBC News in Prince Edward Island. She regularly covers the criminal justice system and also hosted the CBC podcast Good Question P.E.I. She grew up on on the Island and is a graduate of St. Thomas University's journalism program. Got a story? Email [email protected]