MiningWatch Canada has filed a private prosecution against the government of British Columbia and the Mount Polley Mining Corp., alleging violations of Canada’s federal Fisheries Act in the largest mine waste disaster in that nation’s history.
The non-profit mining watchdog entity, with offices in Ottawa, contends that the massive 2014 spill resulted from negligence on the part of the provincial government and Mount Polley Mining Corp., owned by Imperial Metals.
As such, MPMC and the provincial government are being charged for violating sections 35(1) and 36(3) of the Fisheries Act.
Ugo Lapoine, Canada program coordinator for MiningWatch Canada, said that MiningWatch was taking action because almost two and a half years after the disaster, the Crown has failed to lay charges and enforce the Fisheries Act, despite clear and ample evidence to justify proceeding.
“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,” Lapointe said. “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 file the charges on Oct. 18 in Provincial Court in Williams Lake, B.C., using a provision of the Canadian Criminal Code, which allows any citizen to initiate a private prosecution if he or she believes, on reasonable grounds, that a person has committed an indictable offense. Reasonable grounds clearly exist in this case, under the Fisheries Act, MiningWatch said.
Lapointe said Mining Watch has a legal team prepared to take the case to trial if necessary, but also recognizes that the cost and expense associated with prosecuting a case against a mining corporation and the provincial government can be immense. For this reason, MiningWatch will ask for the Federal Crown to carry the prosecution forward – which can decide to take over the case, or not.
“If Canada’s unique environmental values and waters are to be fully protected, it can only occur if the government stands against violations of the Fisheries Act and uses all the means and resources it has at its disposal to do so,” Lapoint said.
MiningWatch contends that the provincial government of British Columbia is equally responsible in this case because they failed to enforce their own policies and failed to enforce their own laws and regulations, he said.
