Five years of legal woes have entangled Alex Docherty, Skye View Farms, Elmwood, Prince Edward Island, after he and the farm were charged with violations of the Pesticides Control Act. The charges stemmed from the aftermath of a torrential rain on July 25, 2016.

The current edition of PEI Potato News reports that on July 9, 2021, the Supreme Court of Prince Edward Island dismissed an appeal of federal prosecutors seeking to overturn an earlier ‘not guilty’ verdict. Justice Gormley upheld the decision that the farmer’s rights were violated based on a warrantless search of his land by federal officers. 

The PEI Potato Board notes that Skye View Farms is the most recent operation to face the daunting legal resources of the federal government. 

“The Board has stated for several years that there are major efforts underway on Island farms to reduce the probability of runoff, even given more and more severe rainfall events. Better approaches outside of the courts to addressing issues arising from extreme weather had been sought, to no avail, to date on the part of federal officials.” 

The case has attracted ongoing publicity in the Island’s mainstream press. The PEI Potato Board has sought to explain the overall environmental and stewardship efforts of the sector.  

The magazine article explains: “In the Skye view case, its defense included plans to show just how intense, unusual and destructive that rain was on July 25, 2016, but that part of the case did not get tried in court as the issue of the lack of search warrant led to the not guilty verdict.”   

Source:  Prince Edward Island Potato News July/August 2021 issue