A company owned by a prominent local developer who died recently and an excavator hired by the developer have paid $62,000 in compensation and reparations after a restorative justice process was chosen over the court system to resolve a 2009 violation of the federal Fisheries Act.
W. Dowad Ltd. and L & A Equipment Ltd. were charged with constructing a rock stack wall closer to Newport Creek than is normally permitted by the Department of Fisheries and Oceans (DFO), "causing a harmful alteration to fish habitat," the parties said in a statement written June 9 and forwarded to The Chief on Tuesday (June 21).
When the wall was built in August 2009, neither company had obtained the required DFO approvals, the statement said.
"Both companies have considerable experience working in the Squamish area and were aware of the need to obtain the appropriate approvals from all levels of government prior to proceeding with construction," the statement said. "Management of W. Dowad Ltd. and L & A Equipment have accepted responsibility and acknowledge their part of the impact of fisheries resources in the area."
Francesca Knight, a DFO fisheries biologist, told The Chief on Friday (June 17) that the matter had been before the courts for about a year. However, about two months ago, DFO officials contacted the companies about seeking a resolution through the restorative justice process.
Wilf Dowad, the principal of W. Dowad Ltd., died on April 26. According to Knight, "We really felt that this was a new day and that the family should be given the chance to do things a new way."
Under the restorative justice process, "members of the community participate in a process with interested persons to determine appropriate compensation which will provide the greatest benefit to the community," the statement said.
In this case a five-member panel that included a land developer, a heavy equipment owner/operator, a member of the Squamish River Watershed Society, a commercial fishing guide and a DFO biologist discussed the impacts of the project with representatives of the companies responsible.
As a result of those talks the group reached a reparations agreement that includes contributions of cash and services valued at a total of $62,000. Of that, $30,000 is to be contributed to fish habitat restoration and enhancement projects run by the Squamish River Watershed Society, $15,000 worth of large rock to be used in habitat restoration projects, and $17,000 worth of heavy equipment time for the construction of such projects.
Concluded the statement, "W. Dowad Ltd. and L & A Equipment Ltd. are both strong supporters of environmentally sustainable development and are pleased to be able to make this contribution to the protection and enhancement of the fisheries resource in the Squamish area."
