Antarctic Environmental Protection Act

Marginal note:Sentencing considerations

63 In addition to the principles set out in sections 718 to 718.2 of the Criminal Code and any other principles it is required to consider, a court that imposes a sentence must take the following factors into account:

• (a) the unique characteristics and global importance of the Antarctic environment and dependent and associated ecosystems;

• (b) the harm or risk of harm caused by the commission of the offence;

• (c) an estimate of the total costs to remedy or reduce any damages caused by the commission of the offence;

• (d) whether any remedial or preventive action has been taken or proposed by or on behalf of the offender;

• (e) whether any reporting requirements under this Act or the regulations were complied with by the offender;

• (f) whether the offender was found to have committed the offence intentionally, recklessly or inadvertently;

• (g) whether the offender was found by the court to have been negligent or to have shown a lack of concern with respect to the commission of the offence;

• (h) any property, benefit or advantage received or receivable by the offender to which, but for the commission of the offence, the offender would not have been entitled;

• (i) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or minimize harm to the environment; and

• (j) all available sanctions that are reasonable in the circumstances.