Tony Crossman, Vancouver
Daniel L. Kiselbach, Vancouver
Amanda Baron, Articled Student, Vancouver
On
September 11th, 2012, J & A Health Food International Ltd.,
based in Richmond, BC, received penalties totalling $45,000 after pleading
guilty to three offences under the Wild
Animal and Plant Protection and Regulation of International and Interprovincial
Trade Act (WAPPRIITA).
The
charges stem from January 28, 2010, when Environment Canada officers searched a
shipment of permitted ginseng roots and found several bags of wild American
ginseng roots and several bags of orchids (Dendrobium
spp) hidden within the shipment. Both
the wild American ginseng roots and the species of orchids discovered were of
high value, and had not been declared to the Canada Border Services Agency. Additionally, both species are identified in
the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
CITES is
an international agreement between governments which aims to ensure that
international trade in wild plants and animals does not threaten their
survival. CITES has 176 member states
globally, and accords varying degrees of protection to more than 30,000 plant
and animal species. CITES was
implemented in Canada by the enactment of WAPPRIITA.
J & A
Health Food International Ltd. was charged under ss. 6(2) of WAPPRIITA, which
states:
6. (2) Subject to
the regulations, no person shall, except under and in accordance with a permit
issued pursuant to subsection 10(1), import into Canada or export from Canada
any animal or plant, or any part or derivative of an animal or plant.
Of the $45,000 of penalties imposed, $2,500
was imposed as a fine for each of the three offences under ss. 6(2), $7,500 was
directed to the Environmental Damages Fund, and an award of $30,000 was
directed to TRAFFIC, a global organization that monitors trade in wild plants
and animals and aims to keep such trade at sustainable levels. TRAFFIC also works in close cooperation with
the Secretariat of CITES. In addition to
the monetary penalties, the sentence imposed included the forfeiture of 19kg of
ginseng (both wild and cultivated) and 5kg of orchids.
To learn more, visit the following
websites:
CITES in Canada: http://www.ec.gc.ca/cites/
Environmental Damages Fund: http://www.ec.gc.ca/edf-fde/
TRAFFIC: http://www.traffic.org/
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