As Kermit the Frog once said, ‘It’s not easy being green.’ One man with a vegetable oil powered truck who tried to challenge Jasper’s anti-idling bylaw at Jasper Provincial Court on May 27, learned that lesson the hard way.

Gordon Mulligan of Grande Prairie launched a two-pronged assault on the anti-idling bylaw after he was ticketed for leaving his truck running on December 3, 2009 but was still found guilty. Because he did not know about the anti-idling bylaw during his trip into Jasper, he could not be reasonably expected to follow it, he claimed. He also argued because his truck is powered by vegetable oil, by leaving it idling, he was not polluting or producing greenhouse gases.

“There is no pollutants going into the atmosphere. It’s simply cut and dry,” said Mulligan, who did not dispute that he left his truck running while he went into KFC for ten minutes. 

He pointed to the bylaw, which states, “Whereas emissions from internal combustion engines are a source of atmospheric pollutants and greenhouse gases and whereas such emissions have negative implications for local, regional and global climate and air quality, with accompanying implications for the health, safety and well-being of residents.” 

“This is all about the little hamlet of Jasper, going green,” he said of the bylaw. However, when someone like him does actually go green, the powers that be still find a way to bust him, he said. “Seeing as how this is a green community, the people who work for it, the bylaw guys, they should be aware of what is out there,” said lawyer Rod Dal Collo.

Mulligan said he had to drive eight hours to defend himself in a car that the Town of Jasper believes is emitting green house gases and pollutants.

“That doesn’t seem very green,” he said.

Judge Don Norheim was not convinced that Mulligan’s claims about his biodiesel engine were true. He consistently told Mulligan that with out the lack of expert evidence and testimony confirming his engines cleanliness, he had no reason to believe that his engine was completely GHG and pollutant free.

“Cows produce greenhouse gases when they fart too, so if cows do so, there’s a chance vegetable oil does so too,” said Judge Don Norheim.

Mulligan tried to make up for his lack of expertise with some information that had been printed off from the internet. Judge Norheim wasn’t convinced.

“You can find something on the internet to tell you anything,” said Judge Norheim.

“Idling is just idling,” said Dal Collo in opposition to Mulligan’s claims.

Mulligan also said that he did notice the sign leading into Jasper that displays the anti-idling bylaw.

“This is new,” said Mulligan. “I can’t think of another area in all of Alberta that does this. In Grande Prairie, it’s an oilfield city. Vehicles, trucks, they’re running all the time.”

“It’s not that unusual legislation,” said Dal Collo. “This is not some sort of strange, new bylaw that Jasper has sort of come up with on its own.” He said that anti-idling bylaws were very prevalent in Europe; Mulligan should have known better.

He added that ignorance of the law was not a defence against its punishments.

“Failure to notice the signs does not mean that the sign isn’t there,” said Dal Collo.

While the judge did say that Dal Collo had not proved that there really were the properly registered and labelled signs about the anti-idling bylaw, he agreed that ignorance was no defense and ordered Mulligan to pay his fine.

Mulligan promptly left the courtroom and paid his $100 fine.