Property Tenant and Excavation Company Ordered to Pay $42,500 for Endangered Species Act Violations

Convicted – Camp Woodlands Inc. and Keanen Dane Peschynski

Court Location – Newmarket

Description of Offence – The convictions are for damaging the habitat of an endangered species, namely Redside Dace.

Date of Offences – Beginning on or about May 1, 2021, to March 7, 2025.

Date of Convictions – February 27, 2026

Penalties Imposed –

• Camp Woodlands Inc. was convicted of 1 violation under the Endangered Species Act, fined $1, and given 30 days to pay.
  • As part of sentencing, a court order was issued requiring Camp Woodlands Inc. to pay $22,500 to Ontario Streams for the purpose of assisting in the protection or recovery of Redside Dace. Payments are to be made in 2 annual installments, ending on or before February 27, 2028.

• Keanen Dane Peschynski was convicted of 1 violation under the Endangered Species Act, fined $1 and given 30 days to pay.
  • As part of sentencing, a court order was issued requiring Keanen Dane Peschynski to pay $20,000 to Ontario Streams for the purpose of assisting in the protection or recovery of Redside Dace. Payments are to be made in 2 annual installments, ending on or before February 27, 2028.

Background –

• Camp Woodlands Inc. holds a lease on the property located at 11162 Kennedy Road, Markham. The property is used by a related charity to deliver a range of therapeutic and outdoor educational programs.

• The Redside Dace is listed as endangered on the Species at Risk in Ontario List. A creek running through the property along with a 30-metre vegetated buffer surrounding the creek is designated as Redside Dace habitat under the Endangered Species Act.

• The Redside Dace is a member of the minnow family that resides in cool, clear, gravel-bottomed streams surrounded by vegetation. They feed by leaping out of the water to catch insects located on overhanging grasses and shrubs.

• In 2021, the company arranged for Keanen Dane Peschynski, who owns a local excavation and demolition company, to bring in loads of soil onto the property to level out the terrain.

• Mr. Peschynski brought in loads of soil that covered overland vegetation and impacted trees along the riparian area of the creek, thereby damaging and destroying Redside Dace habitat.

• In addition, Camp Woodlands Inc. and Mr. Peschynski did not install any sedimentation or erosion control measures. Sediment is known to damage Redside Dace habitat by making it more difficult for Redside Dace to feed and spawn.

• After the ministry became aware of the soil deposition activities in summer 2023, Camp Woodlands Inc. cooperated with the ministry by removing and analyzing the deposited soil, as well as installing sedimentation control measures. The work was deemed complete by the ministry on March 7, 2025.

• Both Camp Woodlands and Keanan Dane Peschynski were unaware that the property contained Redside Dace habitat but failed to exercise sufficient due diligence to ensure that the habitat of endangered species was not destroyed.

• The ministry’s Environmental Investigations and Enforcement Branch investigated and laid charges which resulted in the convictions.