SUMMERSIDE — The trial of a Mount Royal farmer charged in connection with a 2011 fish kill has been adjourned until early December.
Warren Ellis, 59, and his company, Warren Ellis Produce, had been scheduled to begin a two-day trial Tuesday morning in a Summerside court on two charges under the federal Fisheries Act.
The charges, laid on July 10, 2012, a little less than a year after thousands of fish were discovered dead in a section of the Trout River after heavy rainfall, allege that Ellis and his company did, between July 21 and July 23, 2011, near Mount Royal: “deposit or permit the deposit of a deleterious substance in waters frequented by fish or in any place under any conditions where the deleterious substance may enter water, to wit, the Trout River Watershed, in violation of section 36.(3) of the Fisheries Act.”
Defence attorney Jonathan Coady said he would be filing a charter motion, which would be heard before the case goes to trial.
That charter motion will be heard in a Summerside court on Nov. 15. The defence will file its written submissions with Judge Jeff Lantz on Oct. 25 and the Crown will have two weeks to reply, with its filing deadline Nov. 8.
The trial has tentatively been booked for Dec. 9, 10, 11, and 13, depending on what happens with that charter motion.
Coady said after reviewing the case and documentation, it was agreed by the Crown and defence that more time was needed for trial.
Ellis was also scheduled Tuesday morning to answer to four charges under the provincial Crop Rotation Act.
The charges, each involving separates pieces of land, allege that Ellis: “did, without management plan or permit, unlawfully plant a regulated crop on area of land greater than 1.0 hectare at any time for more than one calendar year in any three consecutive calendar years.”
The offences allegedly took place between April 1, 2010, and Oct. 25, 2012.
Coady told the court that he received requested disclosure from the Crown in the case that same morning and asked that it be adjourned until Sept. 24 for plea so he could review the information.