Derek Kilbourn
Sounder News
The sentencing hearing for Scott Steer and the numbered company (1215419 B.C. Ltd.)owned by his spouse Melissa Steer started this past Thursday and Friday, May 1 and 2.
Scott and the numbered company were found guilty by The Honourable Mr Justice Crerar on all counts on January 8, 2025.
Steer was found guilty on six counts that he illegally caught and sold sea cucumbers, and breached court prohibitions against possessing or acquiring fishing gear or vessels, on dates spanning July 2019 to June 2020
1215419 B.C. Ltd. was found guilty with one count, alleging the illegal sale of sea cucumbers between September and December 2019.
Steer’s wife Melissa (née Larocque) is the sole registered director, officer, and shareholder of 1215419 B.C. Ltd (referred to as the numbered company).
Between January 8 and this past week, the Steers lawyer had retired, and a new lawyer was hired to represent them at the sentencing hearing.
As that lawyer – Kevin Westell – had not had time to properly go through the Crown’s sentencing information, Westell asked that the court put over the rest of the sentencing hearing to a later date.
Crown and Judge Crerar agreed to do so, and dates in July are being sought for completion of the sentencing.
The Crown representatives are seeking seven years federal penitentiary time for Scott. In addition to this, they are seeking to have the court impose a lifetime prohibition on Scott for any involvement in fisheries at any level. He is currently banned from acting as a commercial fisherman, but crown’s request would see him banned from even working to buy and sell inventory from other commercial operators.
Crown said if the Judge approves the seven years in prison, Scott would be eligible for parole after two years.
Story continues after the jump.
File photo
Scott Steer of Gabriola, and a numbered company, were found guilty of illegally harvesting and selling sea cucumbers.
Joshua Cramer spoke on behalf of the Crown, explaining that when it comes to the sentencing, be it fines or jail time, the sentence must create a situation which deters further offences from being committed.
Judge Crerar asked Crown during the proceedings to outline who – beyond the spineless creatures being illegally harvested – the victims are in this case.
Crown outlined there are multiple human factors.
Sea cucumbers are among the most tightly controlled fisheries on the West Coast. Those illegally harvesting them are removing stock that Fisheries staff cannot track, depleting a resource from those who financially and personally commit to operating legally.
Crown also cited the people who Scott hired – and either failed to pay, or hired under false pretenses, and who bore costs – such as one person who had to get his mother to pay for him to get a flight home to Alberta after Scott failed to pay for his wages or costs after fishing for sea cucumbers.
According to Cramer, Scott has been convicted on 34 different charges in 12 separate cases between 2008 and 2020.
As Cramer explained, while Scott has been fined and faced provincial jail time for previous charges, that has not prevented him from continuing to operate illegal fishing operations – as the fines and jail time appear to be considered the cost of doing business. Cramer said when it comes to the defense in the sentencing, there will be mitigating factors brought up like Scott wanting to change to a different career; and his responsibilities to his children.
To this, Cramer cited previous court decisions in which the Judges have cautioned Scott that if he continues to conduct illegal activities, the fines will increase, as will jail times, and that it is Scott who is choosing to put the welfare of his family at risk by continuing these activities.
Crown asked the Judge to acknowledge these mitigating factors, but to not allow those factors to play a part in this case, as Steer has clearly shown that his claims of remorse cannot be trusted.
Cramer outlined how, even after the Scott and the numbered company had been charged for this particular sea cucumber harvest, they continued to conduct illegal operations.
Trial for these charges started in 2022.
In 2023, well after all their equipment had been seized by Fisheries officers, it was found that the Steers had acquired a new flatbed truck (owned by Melissa, with Scott listed as the driver) which was being used to deliver sea cucumbers to purchasers.
This at a time when Scott was already under a five year ban prohibiting from being involved in any purchasing or selling of fish.
Crown is also seeking to have a $500,000 fine levied against the numbered company – for which Melissa is held liable. In his January 8 decision, Judge Crerar stated that as the company was clearly set up as a sham to allow Scott to continue his illegal fishing operations, it was appropriate to ‘pierce the corporate veil’ and hold Melissa liable.
Crown is seeking to have a 10-year prohibition on all fisheries involvement placed on Melissa.
The Crown is also seeking a $1 million fine in lieu of forfeiture of assets obtained through illegal means. Crown explained the ‘in lieu’ is because while they can say the Steers obtained over $1 million from the illegal sale of sea cucumbers, it is impossible to say which of their current assets were paid for with those monies.
However, through the investigation into the Steers’ operations, invoices and other proofs of sale of the cucumbers were found totaling over $1 million.
In presenting a case for the Steers ability to pay the fines and forfeiture, the Crown listed off a number of assets the Steers own, including their home on Gabriola.
Crown also made the case that while they have proof showing there were over $1 million in sales made which led to the current trial and judgment, that was to a single buyer. The Crown pointed to the evidence – including the situation with the flatbed truck in 2023 – showing that there were potentially far more sales being made, and based on that, the Crown asserts the Steers will be able to pay the $500,000 fine and $1 million forfeiture.
Through the trial leading up to the January 8 judgment, testimony was given by Melissa in which she admitted that she herself had printed the fish slip forms off the official Department of Fisheries and Oceans (DFO) website, and had filled out most of the false information in the boxes on the fish slips.
While Justice Crerar not find Melissa personally guilty on any charge, he did invite the Attorney General to consider whether to commence a perjury investigation into Ms Steer’s testimony in this and other proceedings.
In light of this, the Defense asked that any files and evidence created during the investigation and trial leading up to the Jan. 8 judgment be retained, in the event Crown does seek perjury charges against Melissa.
The Court anticipates up to five more days may be required for the sentencing hearing to conclude, and has booked for those five days to start on July 21, 2025.
Both Crown and Defense have a deadline of June 1 to provide each other with any other materials that they may be adding to the file prior to that July 21 date.
The current trial had begun after Steer was arrested early in the morning of March 2, 2020, in North Vancouver.
Crew on a passing Seabus alerted police, after observing what appeared to be illegal crab harvesting in Vancouver harbour: a stationary vessel, with no lights illuminated. A DFO team was dispatched.
Upon the DFO’s approach, the vessel sped away. After an eight-minute boat pursuit, the DFO vessel caught up and boarded.
Mr Steer, along with associates on board, were arrested. On board were some 255 Dungeness crabs. The March 2, 2020 arrest led to a further investigation of Mr Steer, under the name of “Project Titan.”
On March 6, 2020, DFO officers executed a search warrant on the Steers’ then-home on Catalina Drive in Nanaimo.
In the residence, particularly the garage, officers located various items of fishing gear.
The garage also yielded considerable evidence related to the sale of sea cucumbers.
Officers found various documents throughout the residence, particularly in the master bedroom.
These included many receipts for items to improve, maintain, or outfit fishing vessels, including multiple January and February 2020 invoices for parts and equipment consistent with commercial fishing.
Steer had previously been prohibited by the courts in 2016 from having any fishing gear, being onboard any fishing vessel or applying for a new fishing lease for until 2038. At the time of the 2016 prohibitions being put in place, Steer was already under a 10 year prohibition that started in 2013, of not being on board any vessel which is licensed to be engaged in any commercial or aboriginal fisheries in Canadian or American waters; not to possess or acquire any interest, legal or equitable, absolute or contingent, in any such vessel or license; not to own or possess fishing gear of any kind.
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