Regina v. City of Sault Ste. Marie

The City of Sault Ste. Marie, Ontario, hired Cherokee Disposal and Construction Company to dispose of the city's garbage; Cherokee provided the landfill site, labor, and equipment. The landfill site bordered Cannon Creek, which fed into the Root River, and operation of the site caused polluting material to seep into the creek and river. Cherokee was convicted of violating section 32(1) of the Ontario Water Resources Commission Act, which imposed liability on any municipality or person that discharged, deposited, or caused or permitted the discharge or deposit of polluting material into a water source. The city was subsequently also charged under the same provision, and argued it was not liable because it had no involvement in the actual disposal operations and Cherokee was an independent contractor rather than a city employee.