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CBC
11-04-2025
- Business
- CBC
Strategic Holdings to pay $20K in fines as environmental charges against owner dropped
Social Sharing A judge has ordered Summerside development company Strategic Holdings Inc. to pay $20,000 in fines after the company entered two guilty pleas on environment charges. Company president and sole shareholder Nathan Kember and his lawyer appeared in court Friday morning and entered the two guilty pleas. The Crown then withdrew two other environmental charges against the company, as well as the seven environmental charges that had been laid against Kember himself. The guilty pleas were for altering or disturbing the ground within 15 metres of a watercourse or wetland boundary, and operating heavy machinery in that same area without the proper permits. The court heard these violations happened on a 40-acre parcel of land at 674 Water St. East in Summerside, where Strategic Holdings is building an apartment complex and driving range. The property had been historically used for agriculture and has watercourses and wetlands on it, including portions that back onto Summerside Harbour, so it falls under regulations outlined in P.E.I.'s Environmental Protection Act. No permits to do work According to an agreed statement of facts read in court Friday, Kember was in touch with the Department of Environment, Energy and Climate Action, which oversees the act, in July of 2024 about his intentions to carry out ground work on his property. Summerside-area developer and his company facing environmental charges related to waterways 4 months ago Duration 1:23 Documents filed in P.E.I. court show that Strategic Holdings and its president Nathan Kember have been charged under the Environmental Protection Act for doing work around waterways without the proper permits. "During the development process of the land, heavy equipment was used to disturb and reshape the land. [The company] was at all material times responsible for the disturbance of any ground materials during the construction and reshaping of the land," the document reads. "Neither Mr. Kember nor [the company] had a valid license or permit to allow heavy equipment to enter within 15 metres of a wetland or watercourse boundary or to disturb any ground within 15 metres of a wetland or watercourse boundary on the land." If you're going to be in the development business … it's up to you to know what the rules are. In these facts before me ... ignorance is no excuse. The court heard that department staff went to the site in August and discovered that the heavy equipment had been used in that area, and told Kember it was a violation. In October, the minister signed a ministerial order ordering the remediation of the land. Days later, staff who went back to the site noted that there was heavy equipment on the site and the land had been further altered. The next day, staff returned along with a private tow truck operator and seized a dozer from the site. Kember is also facing criminal charges for events that occurred on that day. The court heard the dozer will now be returned to the company. Most remediation work has been done Both the Crown, Chad McQuaid, and Kember's lawyer, Jordan Brown, told Judge Krista MacKay they believed Strategic Holdings should be fined $10,000 for each violation. That's the minimum penalty outlined in the act. Kember did not speak in court on Friday. Brown spoke on his behalf, highlighting the work his client is doing to provide housing in the community, with a focus on energy-efficient and green developments. He added that Kember, 32, was born and raised in Summerside, where his family has "significant" connections, and that members of the community and his church were there to support him in court. "Mr Kember, if you're going to be in the development business … it's up to you to know what the rules are. In these facts before me ... ignorance is no excuse," MacKay told the company's president. The judge ultimately accepted the joint recommendation of a $20,000 fine. Summerside developer facing charges for uttering death threats, other crimes 14 days ago Duration 2:01 Court documents viewed by CBC News say Summerside developer Nathan Kember, 32, threatened to kill three people, at least two of whom work for the provincial government. Kember and his company Strategic Holdings are also facing 11 charges under the Environmental Protection Act, with the province saying they did work in a buffer zone or watercourse without the necessary permits. CBC's Nicola MacLeod reports. . MacKay went on to tell Kember that she believes the work he is doing to add housing stock to the community is positive, particularly during a housing shortage. But she also told him if he wants to build green, sustainable communities as he says, he needs to respect environmental laws, particularly when those tasked with enforcing the laws bring issues to his attention. At this point, Kember tried to interject, but the judge stopped him. "This is not a debate for you and I," she said. "This is my decision." The court heard that Kember has completed much of the work required by the terms of the ministerial order last fall, save for one piece — hiring a professional to map out the wetlands and their boundaries on the property. That can occur only between June and September. "Certainly Mr. Kember has committed that whatever needs to be done will be done," his lawyer told the court, adding that the order has outlined what repercussions he will face if the work isn't completed. Criminal charges back in court The criminal charges against Kember were not dealt with Friday, but were adjourned to next month. The court heard the intention is to divert the matter to alternative measures, a process outside of the judicial system that allows first-time offenders to reflect on their actions and make amends without incurring a criminal record. Offenders usually sign an agreement to participate in the program through probation services, and the case periodically returns before a judge for an update on its progress. If the offender completes the steps outlined in the agreement, the charges are stayed. If not, the matter comes back before the courts.


CBC
28-03-2025
- CBC
Case of Summerside developer charged with environmental, criminal offences adjourned again
Social Sharing The case against developer Nathan Kember and his company Strategic Holdings Inc. did not go ahead as planned on Friday in Summerside provincial court. Kember, 32, personally faces seven charges under the province's Environmental Protection Act and four criminal charges, including threatening to kill employees of the department that oversees that legislation. The company of which Kember is the president is also facing four environmental charges. Kember did not appear personally in court Friday. His lawyer appeared virtually and told the court his client welcomed a new baby this week, but also said they were not prepared to proceed on the matters. Jordan Brown told the court there were still processes and details to be sorted out between himself and the Crown, partially due to scheduling conflicts, but he hoped the case could move along in the coming days. Judge Krista MacKay told the room she was "not particularly happy" the environmental charges were not being dealt with Friday, as that was the expectation she had set at the last appearance. Summerside developer facing charges for uttering death threats, other crimes 1 month ago Duration 2:01 Court documents viewed by CBC News say Summerside developer Nathan Kember, 32, threatened to kill three people, at least two of whom work for the provincial government. Kember and his company Strategic Holdings are also facing 11 charges under the Environmental Protection Act, with the province saying they did work in a buffer zone or watercourse without the necessary permits. CBC's Nicola MacLeod reports. . Kember's environmental charges, allegedly for work done in or around a wetland without the proper permits, were first addressed at a court appearance in November. The charges have come before the court several times since, adjourned each time so that the defence could seek a resolution with the Crown — who echoed MacKay's comments Friday about the proceedings not going ahead. Crown Attorney Chad McQuaid also noted that his office has received a lot of correspondence around this file — perhaps more than any other file in his career. "At this point, I believe the ball is in Mr. Brown's court," he told the judge. Summerside-area developer and his company facing environmental charges related to waterways 3 months ago Duration 1:23 Documents filed in P.E.I. court show that Strategic Holdings and its president Nathan Kember have been charged under the Environmental Protection Act for doing work around waterways without the proper permits. MacKay adjourned the case to next month, noting that she would be taking pleas on the environmental charges that day. "There's going to be a plea… It's going to be guilty or not guilty," she said. "In two weeks time, I'm taking a plea one way or the other. This has gone on long enough." There was also talk on Friday that Kember's criminal charges might be diverted to alternative measures, a process outside of the judicial system. In order to be eligible for the program on P.E.I., the accused must accept responsibility for the crime and be willing to participate in the program through probation services. If the person completes the steps outlined in an agreement crafted under the program, the charges are stayed. If not, the matter comes back before the courts.