Ellis back in court in October for sentencing on crop rotation charges

Nancy MacPhee nmacphee@journalpioneer.com
Published on August 19, 2014
Prince County Courthouse.

SUMMERSIDE — Businessman and former potato farmer, Warren Ellis, will be back in court in late October for sentencing on two charges connected with a 2011 fish kill in the Trout River. 

Ellis and his company, Warren Ellis Produce Inc., both of Mount Royal, had pleaded guilty in December to a charge under the federal Fisheries Act of allowing a deleterious substance into the water and a second charge under the provincial Crop Rotation Act of growing potatoes on his land twice in less than three years. Under the act, a crop can only be grown once every three years.

Ellis and his company had been scheduled to be sentenced Tuesday morning in provincial court in Summerside Tuesday on the charges and to enter pleas on two additional charges, which were laid in January, under the federal Fisheries Act. Those charges alleges Ellis and his company allowed a deleterious substance (chlorothalonil) into a waterway — namely the Barclay Brook section of the Trout River near O’Leary — between July 2 and 7, 2012.

At that time, about 100 dead fish, mostly trout, were found dead in that section of the Trout River.

Ellis didn’t appear in court Tuesday, instead represented by lawyer Jonathan Coady, who requested that sentencing be adjourned, a joint submission with the Crown.

Coady assured the court that during the next court appearance all the matters would be dealt with and sentencing on the two charges would go ahead.

“We are going to amend the dates and the remaining federal charges will be stayed,” he said, referring to the expected plan of action during the next court date.

Lantz agreed to adjourn the case until Oct. 30 at 2 p.m. At that time, facts in the case will be presented and sentence handed down.