No penalties for Mount Polley disaster

As we gathered under blue skies in Tofino on the third anniversary of the Mount Polley mining disaster, it was easy to feel connected with the T’exelc  and Xaastull First Nations in whose territories Mount Polley lies. The air was hazy with smoke from the wildfires which had forced both Nations to evacuate from their homes. The haze obscured the view of Catface Mountain, 10 kilometres north of Tofino in Ahousaht First Nations territories, where Imperial Metals is currently pursuing plans to remove the mountaintop to build an open-pit copper mine.

It’s been 3 years since the disaster at the Mount Polley Mine near Williams Lake changed everything for First Nations in the region. When the earthen dam of Imperial Metals’ tailings storage facility burst in the wee hours of August 4th, 25 million cubic metres of toxic sludge and slurry spilled out and ran down into Quesnel Lake, home to one quarter of the Fraser River’s sockeye population. Residents of nearby Likely woke to a sound like a roaring jet engine. To this day people do not trust the water quality of the lake they used to drink from, and expensive water filters clog up within days. It’s stunning to think that three years later, those toxic tailings have not been cleaned up—there are still tonnes of solids lining Hazeltine Creek, and lying on the bottom of Quesnel Lake.

Largest mining disaster in Canadian history
No penalties have been laid for the largest mining disaster in Canadian history. There have been several investigations and review panels, but no-one has been held responsible—not the company, nor Bill Bennett, who was the Liberal government’s minister of mining. Private prosecution was brought forward by Mining Watch Canada, but quashed when the crown prosecutor argued for a stay of proceedings, and the judge refused to hear evidence that harm had been caused to fish habitat.

The independent review panel which examined the aftermath of Mount Polley declared the disaster meant “the end of business as usual”. Yet within months, Mount Polley was allowed to resume operations—before the tailings dam was even repaired.

The third anniversary marked the deadline for laying charges under provincial laws. The BC Conservation Office spent 3 years investigating Mount Polley, raiding Imperial Metals’ offices after the disaster. However, days before the deadline they announced the investigation had not been completed in time. The federal department of fisheries was part of that investigation, and they have another two years to lay charges under the Fisheries Act.

Meanwhile Bev Sellars filed 15 private charges against Imperial on the third anniversary, under both the provincial Environmental Act and the Mines Act, saying “I could not bear to witness BC simply stepping aside and giving-up on its own responsibility to protect our shared environment and waters.” Her legal action is being by supported by MiningWatch Canada, West Coast Environmental Law, the Wilderness Committee and First Nations Women Advocating Responsible Mining. She was chief councillor of the Xaastull First Nation at the time of the disaster.

New BC government must take action
Many people are counting on the new government to take action to clean up BC’s mining industry. With Imperial Metals considering two mines in the Clayoquot Sound UNESCO Biosphere Reserve despite opposition from Tla-o-qui-aht and Ahousaht First Nations, we’ll be watching closely.

It felt good to gather on the third anniversary, knowing that people across Canada were also acting in solidarity with First Nations Women Advocating Responsible Mining. During the water ceremony led by Tla-o-qui-aht First Nations elder Levi Martin in Tofino, we passed a bowl of water around the circle, and spoke about why we appreciate water. As Levi said “We do not want Imperial Metals in Tla-o-qui-aht territory, because all the land the water and the resources belong to our children, and great-great-grandchildren. It is our responsibility to live with care, honour, respect and humility for the sake of our children and great-great-grandchildren.”

Dan Lewis is Executive Director of Clayoquot Action.

Check out Dan’s latest Mount Polley post on Huffington Post.

Douglas Magazine in Victoria just published a story about Imperial Metals’ plans for Clayoquot Sound. Begins on page 32.

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