MiningWatch Canada has launched a private prosecution against the B.C. government and the Mount Polley Mining Corp., alleging violations of the federal Fisheries Act in connection with a catastrophic 2014 tailings pond failure.
The mining watchdog claims the spill was caused by the negligence of both the province and the company, which is owned by Imperial Metals.
The Aug. 4, 2014, dam break at the open-pit copper and gold mine released 25 million cubic metres of toxic waste water and construction materials into Polley Lake, Hazeltine Creek and Quesnel Lake, more than nine kilometres from the mine.
The B.C. Ministry of Energy and Mines in June gave parent company Imperial Metals approval to resume full production at Mount Polley.
Imperial Metals vice-president of corporate affairs, Steve Robertson, refused to comment Tuesday on MiningWatch Canada’s court action.
“We’ve heard about it, but haven’t seen anything from either the courts or MiningWatch Canada, so we have no comment at this time,” Robertson told The Vancouver Sun.
MiningWatch said Tuesday that it is taking action now because the Crown hasn’t laid charges and enforced the Fisheries Act.
“We are all concerned that almost 30 months later, despite clear evidence of impacts on waters, fish, and fish habitat, no sanctions and no penalties have been brought forward by any level of government,” said Ugo Lapointe, Canada Program Coordinator for MiningWatch Canada.
“This sends the wrong signal to the industry across the country and undermines public confidence in the capacity of our regulatory system to work effectively to protect our environment.”
MiningWatch filed the charges in Williams Lake provincial court Tuesday using what it called a specific provision of the Criminal Code allowing citizens to initiate a private prosecution.
MiningWatch said the action is supported by many groups, including West Coast Environmental Law, Amnesty International Canada, First Nations Women Advocating for Responsible Mining, and Sierra Club B.C.
Lapointe said MiningWatch is prepared to go to full trial, but hopes the federal Crown will carry the prosecution forward because of the cost.
Andrew Gage of West Coast Environmental Law said regulations need improvement.
“We can’t afford the risks of major development projects unless there are consequences for not following Canada’s laws, which makes the legal action being taken by MiningWatch Canada even more important.”
David Haslam, communications director for the Ministry of Energy and Mines, defended the government’s response, adding: “MiningWatch’s court action is their decision.”
Haslam said in a statement that in response to the Mount Polley breach, “government committed to implementing all 26 of the combined recommendations from the Independent Expert Engineering Panel investigation, the Chief Inspector of Mines investigation and the Office of the Auditor General’s report so that a breach like Mount Polley will never happen again.”
He also noted that the breach was a “sudden failure with no warning signs, and that no amount of inspections would have detected the foundation issue,” and that a fourth investigation is being carried out by B.C.’s Conservation Officer Service, assisted by Environment Canada, and the Department of Fisheries and Oceans.
Two Quesnel Lake tourism operators filed separate civil suits on July 29 in B.C. Supreme Court, both alleging that the tailings spill caused them losses of tour bookings and lodge rentals, and forcing them to spend more on marketing and offer discounts to clients.
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