Charge laid in 2012 fish kill

Colin MacLean
Published on January 24, 2014

SUMMERSIDE – A new charge has been laid in relation to a major P.E.I. fish kill in 2012.


Mount Royal farmer, Warren Ellis, and his company Warren Ellis Produce Inc., also of Mount Royal, have been charged with a single count under Section 40(2) of the Federal Fisheries Act – allowing a deleterious substance (chlorothalonil) into a waterway containing fish. The incident happened between July 3 and 7, 2012, in the Barclay Brook section of the Trout River, near O’Leary.

The charge was laid Jan. 20.

During that timeframe there was about 100 dead fish, mostly trout, that were found floating in that section of the Trout River.

The case is scheduled for a first appearance in court on Feb. 4.

Ellis and his produce company are currently awaiting sentencing in two separate cases, which they pleaded guilty to in December.

One case stems from a 2011 fish kill and involves one charge of allowing a deleterious substance to enter a waterway containing fish (also on the Trout River).

The second case involves a charge under the provincial Crop Rotation Act of planting potatoes in the same field twice in less than three years between 2010 and 2012.

That case is set for sentencing on Feb. 13.