The Alberta ski resort has appealed a $ 2.1 million fine to reduce endangered trees, arguing that the sentence is "grossly disproportionate and apparently incompetent."
The Lake Louise Ski Resort in Banff National Park has asked the higher court to either keep the charge or reduce the fine to $ 200,000.
A year ago, the resort pleaded guilty to accusations under the Risk Law and the National Parks Law to reduce tree trunks, including 38 endangered wrinkles during skiing in 2013.
Last month, District Court Judge Heather Lamoureuk imposed a fine of $ 55,000 per tree. The maximum penalty is $ 300,000 per tree.
In a statement on Friday's appeal, the resort claims that the Trial Judge "made apparent and prevailing mistakes in facts and findings in the absence of evidence and misinterpretation of mitigating and aggravating factors."
In his decision, Lamoureu said that the resort risked "undermining survival of the species in the coming decades."
But the complaint claims that there are 200 million white wines in Canada and that Lamoureuk has made a mistake in his assessment of the risk of damage to species.
The resort previously claimed that cutting 38 trees would have a "zero impact" on the total White Pine population in Canada.
Dan Markham, director of brands and communications at the site, said after the decision to pronounce the decision that the resort had taken steps – such as educating staff and marking 7,000 white wrinkles on the land in which it is located – to ensure the protection of endangered trees.
Before pleading guilty, defense attorney Alain Hepner filed a motion for the prosecution to be evicted because, he claimed, the case was too long for trial. Lamoureuk rejected the request – and that decision was also the subject of an appeal. The resort wants to remain allegations. In the event that the prosecution does not stay, Hepner will pledge that the sentence be reduced.
In 2013, seven employees are working to clean the Ptarmigan Ridge on the ski resort. They were pruned and removed trees, including endangered pine forests, which was done without permission.
After analyzing the DNA, the trees were confirmed to be pine trees and the case was handed over to Parks Canada investigators.
Prosecutor Erin Eacott proposed a fine of $ 2.1 million, arguing that "significant deterrence" is required for the protection of the species.
Invasive disease, fire and climate change pose a threat to white fights.
White bark is located at high altitudes in western North America and helps stabilize steep subalpine slopes.
Trees grow on the continent for 100,000 years, and some are hundreds of years old.
The appeal will be called in March by the Judge of the Queen Judge in Calgary.