Lake Louise Ski Area is fighting charges against it by Parks Canada that allege the company destroyed whitebark pine trees – which are federally protected – more than three years ago.
Whitebark pine trees are an endangered species under the Species at Risk Act, which states it is prohibited to kill or harm them.
Lake Louise was charged earlier this year with doing just that, and with contravening the regulations of the National Parks Act.
Counsel for the ski hill Kim Locke entered a not-guilty plea in Canmore Provincial Court at the end of November.
However, trial dates for the hearing to occur are going to be difficult to schedule as a special prosecutor from the federal crown office had to be appointed out of Edmonton – Erin Eacott.
Locke said it has been suggested the trial take place in Calgary, as there are up to 14 witnesses at this point in time that would be called between the Crown and the defence.
“We would prefer to have the matter heard in Canmore,” she said.
Federal Crown prosecutor Anita Szabo said the time needed to hear from that many witnesses would require multiple days be scheduled at the Canmore courthouse.
“As much as we may all prefer to have it here, it would take up a lot of time,” she said.
In order to move a trial to the Calgary Court Centre, permission of the chief justice is required and Szabo suggested the matter be adjourned until trial dates are determined.
The charges will return to court on Dec. 21 to set a date.
All three charges against Lake Louise stem from a single incident alleged to have occurred between Aug. 12 and Sept. 24, 2013 involving whitebark pine.
Dan Markham with Lake Louise Ski Resort said in July that the summons to court by Parks Canada resulted after staff with the ski area and Parks were on a hike near the top of the company’s leasehold area in the summer of 2014 when they noticed trees had been “brushed,” but the number, species and timing were not determined at that time.
“LLSA has been working with Parks Canada during the entire process to determine all of the facts and will continue to do so until the situation is resolved,” Markham wrote in an email statement at the time. “At Lake Louise Ski Resort, we take national park and environmental stewardship best practices very seriously, and we have a stringent and highly regarded environmental program. We work with Parks Canada (PC), and with other conservation partners and experts, closely and consistently.
“On the LLSA leasehold, brushing of vegetation occurs for various reasons, including as required in our operating lease, relating to aspects such as skier safety, and including by a number of third parties if reason warrants, such as for community-based infrastructure purposes like power and telecommunications. There are special considerations that must be in place when a Species at Risk Act species might be affected.”
Whitebark pine is considered an important tree which stabilizes steep slopes, influences the amount of snow melt by sustaining snow drifts, and provides critical food, cover and shelter for many species of wildlife.
Scientists say the survival of whitebark pine has been threatened by the combined effects of fire suppression, climate change, mountain pine beetle outbreaks and a disease known as white pine blister rust.
The trees are found in seven of Canada’s national parks: Mount Revelstoke, Glacier, Jasper, Banff, Kootenay, Yoho and Waterton Lakes.
As hardy as whitebark pine is, it is declining throughout its range, including within the mountain national parks.
