The trial of a Gull Lake resident accused of illegally removing vegetation from the shoreline continued with the questioning of a Sustainable Resource Development official on Thursday.
Dale Andrew Mather, 61, is accused under Section 142 of the province’s Water Act of removing vegetation from the shoreline in front of his home without proper authorization.
The two charges stem from a series of incidents in August and September of 2009 in which it is alleged that Mather sprayed herbicide on reeds growing on the shoreline and later hired a backhoe operator to scrape the dead reeds and organic matter from the area.
This is the first time charges under the Water Act have gone to trial.
Susan McRoy, Crown prosecutor, was the first to question Jake Bureyko, senior land research riparian analyst under the Lands Division with Sustainable Resource Development, in Red Deer provincial court on Thursday.
Bureyko, whose responsibility it is to approve applications, referred to an application that was made to Sustainable Resource Development of an extension of sidelines from Marty Robinson on behalf of Mather.
The application allegedly detailed that there was an increase of 70 metres to the water’s edge from Mather’s title.
“That surprised me,” Bureyko said. “I thought nothing had changed.”
After denying the application, Bureyko was contacted by Mather over telephone.
ºBureyko told the Crown that he took notes during the conversation as it was “somewhat unusual.”
“I knew I wouldn’t be the last I heard of it,” Bureyko said.
Mather’s lawyer, Terry Dawe of Calgary, pointed out that there are changes to the natural boundary when water protrudes or recedes its banks.
Dawe also questioned if harrowing a beach, a practice at Gull Lake, would interfere with nature.
“Yes, that is a sort of disturbance,” Bureyko said.
The defence further brought into question a delay of 22 days that it took for Bureyko to respond to an inquiry from the accused.
Referring then to a phone conversation between the two men, Dawe asked Bureyko if he had followed up with Mather on the nature of vegetation and aquatic issues.
“We didn’t discuss rushes or any of that stuff,” Bureyko said.
Alberta Environment launched the investigation in September 2009 after receiving a public complaint that the shoreline was being altered near the property of the accused.
Under the Water Act, any activity that impacts a water body requires appropriate approvals.
The accused is not to be confused with Dale Peter Mather, former chief administrative officer for the Town of Innisfail.
The trial continues today.
jjones@www.reddeeradvocate.com