Island farming operation back in court in connection with 2014 fish kill

An Island farming operation is on trial for a second time in connection with a fish kill four years ago in Queens County.

Brookfield Gardens won its case the first time around, in 2015.

A provincial court judge acquitted the company of a charge under the Federal Fisheries Act.But in 2017, a P.E.I. Supreme Court judge overturned that decision and ordered a new trial.

That new trial started Tuesday in Charlottetown provincial court.

Company performed due diligence saysdefence

Tuesday morning court heard more than 1,000 fish were found dead in the North River after a big rainfall in August 2014.

Brookfield Gardens is charged undersection 36-3 of the federal Fisheries Act which states, "no person shall deposit or permit the deposit of a deleterious substance of any type in waters frequented by fish."

Brookfield Gardens isn't disputing what happened in 2014. But the company'sdefence lawyeris arguing the companyperformed due diligence in growing their carrot crop, including their use of pesticides and planting a headland as required.

Soil experts testify

Tuesday afternoon, two soil conservation experts testified for the prosecution.

The first, a provincial environment official, testified that buffer zones and grassed headlandssuch as Brookfield Gardens had on its carrot fieldsometimes aren't enough to stop heavy erosion.

The other expert witness, a scientist with Agriculture Canada, testified additional measuressuch as a holding pond or earthen berms to slow the rainwater at the bottom of the field might have helped.

Two members of the family-owned business will testify Wednesday in their own defence.

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