Destructive Nanaimo River Estuary excursion leads to fines for young men

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Brandt Olsen (L) and Liam Sage (R) during a break in their sentencing hearing in Nanaimo on Friday, April 10. (Image Credit: Ian Holmes/NanaimoNewsNOW)

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“The Nanaimo River Estuary is the largest estuary on Vancouver Island, fifth largest in B.C., it’s a highly productive ecosystem that supports a diverse range of plant life, fish, wildlife species and is an important traditional use area of Snuneymuxw First Nation,” Cassell informed court while outlining an agreed statement of facts. 

The day after the incident, the BC Conservation Officer Service (BCCOS) received multiple reports to its RAPP line (Report All Poaches and Polluters) involving off-roading vehicles still present in the estuary. 

A BCCOS official and Nature Trust of BC representative attended the scene.

Within the bed of the Nanaimo River were fresh vehicle tracks and a damaged gravel guard.

A riverside channel to improve fish habitat constructed by the Nature Trust of BC was also visibly battered by the vehicles. 

Tire tracks continued downstream, along embankments, and then onto the adjoining estuary marsh, Cassell relayed in court.  

The marks were followed to one offending vehicle stuck in an estuary channel, while the other SUV was also located nearby, lodged in the marsh. 

Both vehicles were towed away.

The BCCOS recently reported that work to refurbish the estuary due to the incident was ongoing. 

Cassell noted the most serious punishment for the offence is either a $250,000 fine or two years in jail. 

An older model Nissan Pathfinder deeply embedded in a Nanaimo River Estuary side channel. (Image Credit: Nanaimo RCMP)

Sage and Olsen were also issued 20 hours of community work service, as well as ordered to write apology letters to Snuneymuxw First Nation and Nature Trust of BC. 

Defence attorney Octavio Zertuche, who represented both offenders, told court his remorseful clients have taken full responsibility. 

“They realize now they should have been more careful where they were going with their cars. They were going out for an excursion with their cars, testing their four-by-four capabilities,” Zertuche told court. 

Zertuche emphasized this type of offending won’t be repeated by his clients. 

Sage, from Victoria, and Olsen who grew up in Nanaimo and now resides in Ladysmith, both declined to make formal statements to the court. 

Both vehicles were inside a well-marked conservation area where vehicles are prohibited. (Image Credit: Nanaimo RCMP)

B.C. Provincial Court Judge Brian Harvey said the punishments could have been much worse if Crown Counsel was able to prove damages were intentionally inflicted. 

“This is serious offending that occurred here. The remediation work is extensive for, at best, your recklessness [and], at worst, your inattention causing damage,” judge Harvey said. 

The veteran judge accepted a jointly submitted sentencing recommendation.  

Both offenders have three years to pay the fines to be set aside for Nanaimo River Estuary conservation and rejuvenation efforts. 

The vast Nanaimo River Estuary is recognized as a conservation area under the provincial Wildlife Act, which prohibits vehicles from entering the undeveloped area to protect the sensitive environment, fish, and wildlife habitat.

Overhead view of the Nanaimo River Estuary, documenting prior environmental restoration work to improve fish habitat. (Image Credit: Nature Trust of BC)

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