Fish and wildlife in Alaska’s major watersheds are threatened by six British Columbia mines close to the Alaska border, according to a new petition that asks U.S. Secretary of Commerce Wilbur Ross to investigate the threat of acid-mine drainage, heavy metals pollution and the possibility of catastrophic dam failure originating in the Canadian province.

The formal petition, organized by a coalition of Alaskan tribal governments and conservation groups, calls for the International Joint Commission to investigate threats from B.C. mines that will continue to hang over the watersheds for centuries after their closure.

“It’s a very urgent issue and it’s important to a lot of people and their families,” Kenta Tsuda of Earthjustice, a signatory of the petition, told DeSmog Canada. “Their communities are at risk.”

B.C. experienced an explosion in mine growth under the former BC Liberal government, which expedited new project approvals under the 2011 jobs program.

The resource-rich corridor straddling the B.C.-Alaska border has been at the epicentre of new mine projects but also bears the legacy of B.C.’s old, abandoned mines, such as the Tulsequah Chief mine, which for decades has leaked acid mine drainage into a tributary of the salmon-rich Taku River.

Guy Archibald of the Southeast Alaska Conservation Council pointed to the lack of enforcement of mining regulations by the B.C. government and the scathing report last year from B.C.’s auditor general that said the Ministry of Environment could not guarantee the safety of any of the mines.

ICYMI: Public Inquiry Formally Requested to Investigate B.C.’s Shoddy Mining Rules

“For 60 years the Tulsequah Chief has been leaking acid mine drainage into a very productive salmon watershed and the B.C. government is doing nothing about this,” Archibald said.

In addition to Tulsequah, the petition names Brucejack mine, which started production earlier this year, Red Chris, Schaft Creek, Galore Creek and Kerr-Sulphurets-Mitchell (KSM), which will be the largest open-pit gold and copper mine in North America.

Ten mines in various stages of development are situated along the B.C./Alaska border and within a transboundary watershed. Source: Salmon Beyond Borders

The new petition — and a previous petition submitted to the Department of the Interior — show that B.C. mines are diminishing the effectiveness of two treaties that protect Pacific salmon, steelhead trout, grizzly bears and woodland caribou, Tsuda said.

“We think the facts that we present in the petition do invoke their duty to investigate,” Tsuda told DeSmog Canada.

The Taku, Stikine and Unuk rivers flow across the Canada-U.S. border from headwaters in B.C.’s Coast Mountains and the wildlife and salmon sustain local communities and support hundreds of Alaskan workers and their families, he said.

The International Joint Commission is the body that administers the 1909 Boundary Waters Treaty, with a mandate to investigate disputes between the two countries.

A provision of the treaty states that “waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other.”

The group’s petition has been submitted under what is known as the Pelly amendment to the Fishermen’s Protective Act that requires the U.S. Commerce and Interior Departments to investigate when other countries may be harming U.S. conservation treaties.

The amendment emphasizes the need, under international agreements, to protect habitat, but, if all the mines planned for the B.C. side of the border are developed, it will destroy fish habitat, Archibald predicted.

“We are willing to use every tool in the toolbox to enforce this — and the International Joint Commission looks pretty good versus a trade war,” he said.

Fred Olsen Jr., tribal president of the Organized Village of Kasaan and Southeast Alaska Indigenous Transboundary Commission chairman, said in an interview that awareness of threats posed by the B.C. mines is growing among Southeast Alaskans, along with frustration about the lack of action.

“Native people have relied on salmon and caribou from these watersheds for generations and communities continue to do so today. Commercial fishermen from Southeast Alaska also rely on these watersheds, catching tens of millions of dollars worth of salmon from these three river systems annually,” says the coalition news release.

The former provincial government promised the Tulsequah Chief would be cleaned up, but nothing happened and, on the federal front, hopes were high that Prime Minister Justin Trudeau would be sympathetic to environmental concerns, but that has been a disappointment, Olsen said.

“He has a Haida tattoo, but then look at the things he does. Everything you hear is either neutral or in favour of mining,” he said.

Eleven southeast Alaskan tribes have signed the petition and, over the next two months, other tribes will be asked to send letters of support, Olsen said.

ICYMI: Canada’s Environmental Fines are Tiny Compared to the U.S.

Enforcement of mining regulations in Canada needs to be tightened, according to Ugo Lapointe, Canada program coordinator for MiningWatch Canada, but there also needs to be a close look at the inadequate fines levied when there is a spill or an accident, he said.

On both sides of the border there is incredulity at the lack of charges after the Mount Polley disaster three years ago when the mine’s tailings dam failed, spewing millions of cubic metres of toxic waste and sludge into nearby waterways.

Lapointe also pointed to the recent $20,000 fine handed to Coalmont Energy Corp., a company which, in 2013, expelled 60,000 litres of mine waste into a tributary of the Tulameen River in the Okanagan-Similkameen region.

“$20,000 for dumping mining waste into a river is another pitiful environmental fine, showing the weakness of both B.C. and federal environmental laws and the enforcement regime. It is not setting a proper example for the industry as a whole,” Lapointe wrote in an e-mail.

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This week marks the three-year anniversary of the Mount Polley mine disaster, which sent 24 million cubic metres of mining waste into Quesnel Lake, making it one of the worst environmental disasters in Canadian history.

It’ll be a stinging reminder of the tailings pond collapse for local residents, especially considering no charges have been laid against Imperial Metals, owner and operator of Mount Polley.

Come August 5 it will be too late for B.C. to lay charges, given a three-year statute of limitations — however federal charges can be laid for another two years.

But here’s the thing: under the federal Fisheries Act, Mount Polley can receive a maximum of $12 million in fines: $6 million for causing harm to fish and fish habitat and $6 million for dumping deleterious substances without a permit into fish bearing waters.

Compare that with the estimated $40 million in Mount Polley cleanup costs borne by B.C. taxpayers. And take into account that in 2016, Imperial Metals generated over $428 million in revenue and owns more than $1.5 billion in assets, according to the company’s annual report.

“Fines and sanctions are pitiful for environmental damages in Canada, and it’s part of the systemic and structural problem for ensuring greater environmental protection,” Ugo Lapointe, Canadian coordinator for MiningWatch, told DeSmog Canada.

“There’s little incentive for corporations to comply with environmental laws, or invest in more protective measures, if the consequences for failing to comply are cheaper.”

U.S. Environmental Fines Dwarf Canada’s

For examples of more meaningful environmental penalties, Canadians need look no further than the U.S.

In 2016 a Florida fertilizer manufacturer’s tailings pond drained millions of litres of wastewater into an underlying aquifer when a giant sinkhole appeared under the impoundment, tearing through the pond’s liner.  

The company was fined $2 billion USD for improper waste and chemical management (that’s 167 times the maximum fine Mount Polley could face under the Fisheries Act).

In 2014, Alpha Natural Resources was ordered to pay $27.5 million USD for thousands of environmental violations at the company’s 79 coal mines and 25 processing plants across the States. The company was also ordered by the EPA to pay $200 million in upgrades to its facilities to avoid future infractions.

Meantime back in Canada, the largest fine in Canadian history for an environmental infraction was for $7.5 million.

That penalty was handed out in 2014 to owners of the Bloom Lake mine in Quebec who pled guilty to 45 separate charges under the Fisheries Act.

The second largest fine in Canada, at $4.4 million, was just handed out to Prairie Mines in Alberta for the release of 67 million cubic metres of tailings waste into two creeks that feed into the Athabasca River. That spill was nearly 40,000 times smaller than the Mount Polley disaster. Of that total, $3.5 million was paid in federal penalties, with the additional $900,000 paid in provincial fines.

The third largest fine of $3.4 million was handed out to Teck Metals for three offences under the Fisheries Act after the company released effluent into B.C.’s Columbia River.

Mount Polley Disaster Didn’t Change the Way Mining is Done in B.C.

The absence of provincial fines or charges in the wake of the Mount Polley mine spill worries Nikki Skuce, director of Northern Confluence, an initiative that aims to improve land-use decisions in B.C. watersheds.

“It just seems incredible for what is called the largest environmental disaster in B.C.’s history, there are no fines, no charges, no penalties,” Skuce told DeSmog Canada.

“Our laws are that weak.”

Further increasing concern is the fact best practices, including recommendations made by the Independent Expert Panel on Mount Polley, haven’t consistently been applied in the approval of new mines along the B.C./Alaska border.

Ten new mines are approved or under construction along the B.C.-Alberta border, including Imperial Metals’ Red Chris mine which was approved with a wet tailings pond impoundment similar in design to Mount Polley.

After the Mount Polley tailings spill, experts recommended the use of safer, but more costly, dry stack tailings.

“The Independent Expert Panel on Mount Polley concluded that we can expect two failures every decade if ‘business as usual continues,’ ” Skuce said, adding multiple wet tailings impoundments have been approved at mines of much greater scale than Mount Polley.

“With no full bonding requirements and potential fines low under B.C. and federal laws, companies have few incentives to invest in techniques like dry stacking that lower reclamation costs and reduce risk of spills,” Skuce said.

“Why use best practices and best available technology if you may never be held accountable if disaster strikes?”

Image: Mount Polley mine disaster. Photo: Cariboo Regional District via Youtube

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As the three-year anniversary of the Mount Polley mine disaster approaches, so too does the deadline for the province to lay any charges against mine owner Imperial Metals.

Considered one of the worst environmental disasters in Canadian history, the failure of the Mount Polley tailings pond sent an estimated 25 million cubic metres of contaminated mine waste flooding into Quesnel Lake, a source of drinking water for local residents of Likely, B.C., on August 4, 2014.

“I would have expected something to have happened by now,” fisheries biologist and Likely resident Richard Holmes told DeSmog Canada. “I know they had a lot of information to sift through but it has been three years. I’m hopeful there will be some charges forthcoming.”

While the time limit for provincial charges runs out in August, federal charges, including for violations of the Fisheries Act, can be brought for another two years.

An investigation is ongoing by the Conservation Service Office, aided by the Department of Fisheries and Oceans and Environment and Climate Change Canada.  

Meanwhile, the B.C. government granted Mount Polley permission to drain the mine directly into Quesnel Lake, where the vast majority of the spilled mine waste remains to this day. The B.C. government also gave Imperial Metals the go-ahead to build the Red Chris Mine in northwestern B.C., with the same tailings technology used at Mount Polley — despite experts recommending otherwise.

“I think the mining company is ahead now,” Holmes said. “Everything seems to have fallen in their favour since this disaster. Before the disaster they were looking at building a water treatment facility. Now they have basically a large filter in place and they just release everything directly into the lake.”

“I’m sure they’re happy about that.”

Alberta Coal Mine Slapped with $4.5 Million Fine for 2013 Tailings Spill

The absence of fines for the Mount Polley disaster was highlighted by a recent $4.5 million penalty handed out to a coal mining company in Alberta for a 2013 spill that released an estimated 670 cubic metres of tailings into tributaries of the Athabasca River. That spill was nearly 40,000 times smaller than the Mount Polley disaster.

Last month, the company responsible for the spill, Prairie Mines and Royalty, pleaded guilty to two violations of the federal Fisheries Act as well as one violation of the Alberta Environmental Protection and Enhancement Act.

Over $1 million in federal fines were used to fund research for fish habitat and recovery while an additional $2.1 million was paid to the Environmental Damages Fund.

Provincially, the company paid $363,000 in fines toward a dam research project considering the safe storage of water at coal mines as well as $370,000 for an environmental education project for indigenous youth, the CBC reports.

Ugo Lapointe, Canadian program coordinator for MiningWatch Canada, said Mount Polley could still face similar repercussions in B.C.

“It took nearly four years to see those charges brought forward in the case of the coal spill,” Lapointe told DeSmog Canada. “So, technically, Mount Polley timing is still comparable.”

However, Lapointe added, a $4.5 million fine may not be enough to encourage large mining corporations to change the quality of mine management.

He added the maximum penalty for violating the federal fisheries act is $12 million, $6 million for causing harm to fish and fish habitat and $6 million for dumping deleterious substances without a permit.

MiningWatch brought a private prosecution against the Mount Polley Mining Corporation and the B.C. government for violations of the Fisheries Act last fall but the federal government asked the courts to stay the charges, a request that was made before MiningWatch was given the opportunity to present evidence. The case was dismissed this spring.

“The federal government is currently reviewing its Fisheries Act,” Lapointe said. “We think it is also time it reviews the fines and possible criminal charges for those responsible of polluting Canadian waterways and aquatic habitats.”

No Charges, No Fines For #MountPolley Mine Disaster as Three-Year Legal Deadline Approaches https://t.co/yk0H3yOBiC #bcpoli @jjhorgan

— DeSmog Canada (@DeSmogCanada) July 23, 2017

Underfunded Liability for B.C. Mines an Estimated $1.5 Billion

B.C. taxpayers bear the lion’s share of liability stemming from the province’s many mines.

A 2016 study conducted by economist Robyn Allan for the Union of B.C. Indian Chiefs found financial assurance policies for mines are “woefully inadequate” leaving more than $1.5 billion in underfunded liability on the shoulders of everyday British Columbians.

The exact costs incurred by mines, for expenses like environmental disasters like Mount Polley as well as for reclamation of abandoned mines, is no longer made available to British Columbians, Allan found, stating the price tag could be even higher.

British Columbians were on the hook for an estimated $40 million in cleanup and reclamation costs for the Mount Polley mine spill.

There are more than 120 tailings dams in British Columbia and despite recommendations made to the B.C. government after the Mount Polley disaster, risky mine procedures, including the practice of storing mine waste in giant wet tailings ponds continues to this day.

Since the Mount Polley disaster three new mines have been approved with wet tailings impoundments, including the giant KSM mine in northwestern B.C. that was recently granted federal approval to construct a tailings dam in fish bearing waters.

At least 10 new mines are proposed or under construction along the B.C./Alaska border, leaving Alaskans concerned about the province’s poor record of mine management.

“There are examples all over the world of responsible mining and that should become law in B.C.” Holmes said.

“But I haven’t seen any of the laws change. They’ve had three years to change them and have had recommendations coming from the Mount Polley investigation panel,” he said.

“But nothing’s changed. If I was an Alaskan I would be really worried about B.C. mines.”

Holmes said he would be worried in particular about the Red Chris mine which is owned and operated by Imperial Metals, the company responsible for the Mount Polley mine, and which also uses wet tailings technology.

“I hope the new government in B.C. will address those concerns. We haven’t done a very good job of looking out for our neighbours.”

Image: The Mount Polley mine disaster, August 2014. Photo: Cariboo Regional District

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British Columbian taxpayers will be on the hook for $40 million to clean up the worst mining spill in Canadian history and the company responsible has once again escaped criminal charges after a private prosecution was dismissed this week.

In August 2014 the 40-metre-high tailings dam at the Mount Polley mine near Williams Lake collapsed, sending 25-million cubic metres of contaminated sludge and mine waste sweeping into lakes and rivers — but no charges have been laid and no fines have been levied against Imperial Metals, the parent company of Mount Polley Mining Corp.

Since 2005, Mount Polley Mining Corp and Imperial Metals Corp have donated $195,010 to British Columbia’s ruling B.C. Liberal party.

“The key message to Canadians is this was the biggest mining spill in Canadian history and there have been zero sanctions and zero fines, and certainly that’s not because of lack of evidence of damage to the environment,” said Ugo Lapointe, Mining Watch Canada’s program coordinator.

Mining Watch had launched a private prosecution of Imperial Metals and the B.C. government, alleging violations of the Fisheries Act — but federal government lawyers blocked that prosecution on Monday, arguing for a stay of proceedings as there are ongoing investigations by the B.C. Conservation Officer Service, Environment Canada and Fisheries and Oceans Canada.

The stay of proceedings and lack of government action is frustrating as there is a three-year statute of limitations on some offences, Lapointe said.

“This sets the wrong standards and sends the wrong signal to industry and other mines across Canada. It further undermines public confidence in the mining sector and erodes peoples’ trust in the ability of our regulatory system to effectively protect our environment,” he said.

Mining Watch is seeking costs and considering whether to take the case to a higher court, but public pressure is the best weapon and British Columbians should be asking politicians whether charges will be laid and demanding an explanation for the delay, Lapointe said.

A SumOfUs petition signed by more than 30,000 people urging the Trudeau government not to let those responsible off the hook will be presented shortly to federal ministers responsible for enforcing the Fisheries Act.

British Columbians On Hook For Clean-Up Costs

On top of the problem of government inaction, it is galling that Imperial Metals has not paid the full cost of the clean up, said Angus Wong, campaign manager for SumOfUs, which sponsored the petition.

“Instead British Columbians and Canadians picked up a big part of the tab,” he said.

After the dam collapsed, the provincial government assured British Columbians that under the province’s polluter-pay-rules, Imperial Metals would pick up all clean up costs resulting from the catastrophe.

But independent economist Robyn Allan, who has analyzed figures used by Imperial Metals, said in an interview that, despite those assurances by Environment Minister Mary Polak, taxpayers are picking up almost $40 million of the clean up tab, amounting to more than half of the response cost.

That figure is made up of $23.6 million in tax refunds for Imperial Metals and $15.5 million in direct costs incurred by government departments over the past two-and-a-half years, said Allan, former president of ICBC.

“Recoveries for these charges are a paltry $625,000. This is because, under B.C.’s spill cost recovery regulation, cost recovery is severely limited,” she said.

Imperial Metals estimated clean up costs at $67.4 million, a figure that has not changed in more than two years.

Under provincial rules, bonds posted with the province are supposed to cover reclamation after the mine closes, not environmental damage from an accident, and mining companies are not required to prove they have insurance or the financial resources to pay for damage they cause.

“The problem with this provincial government is that they have not made sure, when unintended environmental harm happens, that these companies have enough money to respond,” Allan said.

And, more such spills can be expected according to the independent expert engineering panel that looked at the Mount Polley disaster and predicted two such tailings storage failures are likely each decade unless half the 123 storage facilities in the province are decommissioned.

“The province has taken no steps to develop the recommended decommissioning strategy, but continues to approve wet tailings storage facilities such as Imperial Metals’ Red Chris mine,” Allan said.

“B.C. taxpayers can expect to continue to pay for environmental harm because the provincial government refuses to take steps to implement meaningful policies that ensure that, when the polluter pollutes, it is the polluter and not B.C. taxpayers that pay,” she said.

Mount Polley closed after the dam breach, but re-started full production the following year and Imperial Metals then opened the Red Chris copper mine in north-west B.C. which has a tailings pond and dam instead of dry stack tailings recommended by the expert panel.

Red Chris has raised alarm signals in south east Alaska because the tailings storage facility is upstream from Alaska’s rich, salmon-bearing rivers.

Meanwhile, residents of the area affected by the Mount Polley spill say more work is needed to restore the lakes and waterways.

“We remain concerned with the ongoing discharge of mine effluent into Quesnel Lake,” said Christine McLean of Concerned Citizens of Quesnel Lake in a news release.

“As local residents and businesses, depending on these fish and waters, we want the B.C. government to restore Quesnel Lake and surrounding watershed to pre-breach conditions. We are not opposed to mining development, but we demand that governments enforce laws and ensure all mines operate in a responsible manner,” she said.

The tailings dam disaster is not over for those that live on the land and water and depend on the salmon, said Bev Sellars, chair of First Nations Women Advocating Responsible Mining.

“Nor is it over for those living in the shadows of other existing and planned mines across B.C. What is the point of having laws if governments and industry are not held accountable when they are violated?” she asked.

It is a question being asked with increasing regularity by other organizations concerned about the regulatory system governing B.C.’s mining industry.

A report from the University of Victoria’s Environmental Law Centre, released earlier this month, recommended a judicial inquiry into regulation of the industry saying that the public has lost faith in the province’s ability to protect the environment and communities from poor mining practices.

The ELC report singled out the Mount Polley disaster and ongoing acid mine drainage from the Tulsequah Chief mine as examples of government failing to enforce reclamation and clean up regulations.

Adding to public discomfort around enforcement of mining regulations is a stinging report, released last year by Auditor General Carol Bellringer, who concluded that government’s enforcement efforts were inadequate.

“Almost all of our expectations for a robust compliance and enforcement program were not met,” she wrote.

“The compliance and enforcement activities of both the Ministry of Energy and Mines and Ministry of Environment are not set up to protect the province from environmental risks.”

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The ramshackle regulatory system governing B.C.’s mining industry is profoundly dysfunctional and the public has lost confidence in the province’s ability to protect the environment and communities from poor mining activities, says a new report from the University of Victoria’s Environmental Law Centre.

The wide-ranging report, released Wednesday, was commissioned for the Fair Mining Collaborative — a non-profit group that helps First Nations communities assess mining activities — and recommends that the provincial government establish a Commission of Public Inquiry to investigate B.C.’s regulation of the mining industry.

A judicial inquiry is needed because mining is a multi-billion dollar industry that can create jobs and great wealth, but can also create “catastrophic and long-lasting threats to entire watersheds and to critical public assets such as fish, clean water, wildlife and public health,” according to the report, which is signed by ELC legal director Calvin Sandborn and law student Kirsty Broadhead.

The Mount Polley tailings dam disaster, plus the toxic aftermath at old mines such as Sunro at Jordan River and the Tulsequah Chief in northeast B.C., where reclamation and cleanup regulations were not enforced, have created a profound crisis in public confidence, it says.

The mine at Jordan River operated from 1950 to 1974 and is suspected of wiping out salmon runs. The site was never adequately remediated and pollution can still be seen seeping into the Jordan River.

The Tulsequah Chief has been leaking acid mine drainage into a tributary of Alaska’s salmon-rich Taku River for 60 years and, although Energy and Mines Minister Bill Bennett has promised action and said the leakage is not harming fish, it is a constant source of worry and frustration for Alaskans.

With those types of examples, it is not surprising that public confidence is at a low ebb and a full-scale public inquiry could help set minds at ease, the ELC concludes.

“In the past, public inquiries have been established when the public had lost confidence in the regulation of an important B.C. industry — and those public inquiries have helped to improve regulatory systems and restore public confidence,” says the report, submitted Wednesday to Premier Christy Clark and cabinet.

The ELC is not the only organization to document problems with B.C.’s mining regulatory regime.

Auditor General Carol Bellringer issued a stinging audit of enforcement of mining industry regulations last year and concluded that government’s enforcement efforts were inadequate.

“Almost all of our expectations for a robust compliance and enforcement program were not met,” Bellringer said in her audit.

“The compliance and enforcement activities of both the Ministry of Energy and Mines and Ministry of Environment are not set up to protect the province from environmental risks.”

Although the government has acted on some of Bellringer’s recommendations, it has ignored the central recommendation that enforcement should be moved to an independent agency. The audit concluded that the Ministry of Energy and Mines is in a conflict of interest because it promotes mining at the same time as regulating the industry.

The ELC report points out that government has also failed to address the most important recommendation from the Mount Polley Expert Panel, which was to eliminate tailings lakes that, the Panel concluded, pose an unacceptable danger to B.C.’s environment.

“The rules on tailings facilities — and many other mining rules — remain archaic and ineffective,” the report says.

However, Sandborn remains optimistic that the government will establish a public inquiry

“I believe in facts, not alternative facts, and these facts speak for themselves,” he said.

The Energy and Mines Ministry did not return emailed questions from DeSmog Canada.

NDP leader John Horgan said in an interview that, although he is not prepared to commit to a public inquiry before seeing the ELC report, regaining public confidence in mining oversight will be near the top of his agenda if an NDP government is elected in May.

“I am going to look at this area with more intensity than others might because I was the critic for a decade and I know these issues and the players pretty well,” said Horgan who emphasized that he wants to see a robust mining industry in B.C., but that requires public confidence and social licence.

Enforcement, rather than regulation, is the biggest problem and an NDP government would separate promotion of the industry from enforcement, as recommended by the Auditor General, Horgan said.

Government’s decision to allow companies to use their own professionals, rather than government employees, to assess situations, also came under fire by Horgan.

“The move to professional reliance, rather than having independent public servants protecting and enforcing regulations, is the biggest failing of the BC Liberals,” he said.

“The public interest is always protected when you have independent public servants discharging their responsibility on behalf of all British Columbians, not just those that are promoting an economic activity.”

Public confidence and public trust was eroded following the Mount Polley disaster and government’s inaction has made the situation worse, Horgan said.

“We are three years on and there have been no consequences for anybody,” he said.

In addition to the environmental threats, the ELC report urges government to look at economic threats presented by a badly regulated industry and taxpayer liability, which is climbing because government is not demanding bonds that fully cover the cost of mine clean-ups.

Bellringer warned that unfunded taxpayer liability for mine clean-ups now exceeds $1.2 billion and other experts estimate liability at more than $3-billion.

“While some jurisdictions ban any mine that would require long-term water treatment B.C. doesn’t just allow such high-risk mines, B.C. routinely allows them to operate without full security — there’s a $730-million shortfall for these high risk operations alone,” says the report.

“By setting securities at artificially low levels, government has encouraged companies to not spend realistic amounts on environmental protection measures. Higher securities would lead to better mining practices,” it says.

Questions that the report recommends should be addressed by a public inquiry include:

*Do current standards for tailings storage facilities fall short of recommendations by the Mount Polley Expert Panel?

*Do B.C’s mining rules meet global standards for public safety and environmental protection?

*Are environmental assessment requirements adequate?

*Is enforcement of mining laws adequate?

*Should government remove enforcement of mining laws from the Ministry of Energy and Mines?

*Are closed mines being adequately monitored and reclaimed?

*Are mining companies cleaning up their own mess?

*How can the province ensure that mining companies, not taxpayers, pay to reclaim mines?

*Is placer mining being adequately regulated?

*Should the free entry mineral tenure system be reformed to protect private landowners, First Nations and the environment?

BC ramshackle regulatory system governing #BCmining is profoundly dysfunctional https://t.co/hRPrRkumWu @UVicLaw @MiningWatch @LavoieJudith pic.twitter.com/wZQdhzJNdS

— DeSmog Canada (@DeSmogCanada) March 13, 2017

The call for a public inquiry is being supported by many First Nations and community groups.

Ugo Lapointe, Canada program coordinator for Mining Watch Canada, in a letter of support, said “B.C.’s mining regulatory regime remains, in fact, one of the most problematic — if not the worst — in Canada when it comes to protecting the environment, communities, indigenous peoples and taxpayers.”

B.C. ranks worst in Canada for unsecured environmental liability of contaminated mine site clean-up costs and is the only large jurisdiction that has not modernized its mineral tenure system, Lapointe wrote.

The Mount Polley disaster was the worst mining spill in Canada’s history and can be attributed not only to poor technical and corporate practices, but also to poor regulatory oversight, Lapointe said.

And, with mining companies regularly showing up as generous donors to the B.C. Liberals, there is a fear of undue influence.

“B.C.’s system is subject to severe regulatory capture by the industry, a situation exacerbated by the fact that B.C. remains the only large province in Canada where there are no limits on political donations from corporate interests,” Lapointe wrote.

A letter from Bev Sellars, chair of First Nation Women Advocating Responsible Mining, says many of the group’s members have learned how promises of riches can turn into destroyed lands and limited low-paying jobs.

“It’s past time for B.C. to objectively and fully evaluate their outdated and biased mining laws and policies. We will accept nothing less,” Sellars wrote.

Image: Christy Clark at Copper Mountain mine. Photo: Province of B.C. via Flickr

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The federal government is seeking to stay a private lawsuit brought against Mount Polley Mining Corporation and the B.C. government in October 2016, nearly 30 months after the collapse of the Mount Polley tailings pond spilled 25-million cubic metres of contaminated mining waste into Quesnel Lake, a source of drinking water for residents of Likely, B.C.

Now the federal government is seeking a withdrawal of the criminal charges before MiningWatch Canada — the organization that first brought the charges, which claim the company and the province violated the federal Fisheries Act — has been given the opportunity to present evidence.

“We were stunned that the federal Crown does not even want us to show the court that there was enough evidence to justify proceeding with a prosecution against both the B.C. government and [the Mount Polley Mining Corporation] for the worst mining spill in Canadian history,” Ugo Lapointe, Canada Program Coordinator for MiningWatch, said.

“To add insult to injury, the Federal Crown did not even provide an explanation for why it is doing this now, with such short notice before the Court date which was set for the last two month,” Lapointe told DeSmog Canada.

Lapointe said under normal circumstances a process hearing would take place during which evidence would be presented and after which the court would emit a summons and set a trial date. Or, if the court decided to stay the proceedings, it would do so with an explanation based on the evidence and provided to the court and thus the public.

The B.C. court will take up to several weeks to decide if the Crown is warranted in entering a stay of charges.

Cancelling the proceedings without strong justification sends a dangerous signal to the mining industry in Canada, Lapointe said, adding it could further erode public confidence in Canada’s regulatory system.

“We initiated this private prosecution out of concern that it has now been over two and a half years since the Mount Polly disaster happened and yet, despite clear evidence of violations of Canadian laws, no charges have been brought forward by any level of government,” he said.

No charges and no fines have been laid against Mount Polley, owned and operated by Vancouver-based Imperial Metals. The collapse of the tailings pond released mining waste containing copper, lead, iron, arsenic and selenium into fish-bearing waters.

Quesnel Lake, where the vast majority of the spilled waste still resides, is home to one of the province’s most abundant sockeye salmon runs.

A 2015 investigation by Chief Inspector of Mines Al Hoffman, did not result in charges against Mount Polley. Hoffman’s report found the company engaged in poor practices but he stopped short of citing Mount Polley for non-compliance.

A subsequent report released by B.C. Auditor General Carol Bellringer found B.C. suffered from inadequate monitoring and inspection of mines and as a result was unable to ensure mine operators were following provincial rules.

An investigation into the incident by B.C.’s Conservation Officer Service is ongoing.

Imperial Metals is owner and operator of the Red Chris mine in northern B.C. and is exploring options for two more mines on Vancouver Island.

The MiningWatch lawsuit was filed under a citizen’s provision of the Criminal Code that allows for private prosecution of offenses, such as a violation of the Fisheries Act.

According to the Public Prosecution Service of Canada, private charges like those brought by MiningWatch are a “valuable constitutional safeguard against inertia or partiality on the part of authorities.”

Lilina Lysenka, lawyer for MiningWatch, said the court should be cautious about dismissing a case without reviewing the evidence.

“Staying the charges prior to having the opportunity to determine whether or not there is enough evidence to proceed could undermine this constitutional safeguard if it is done without good reason,” Lysenka said.

Bev Sellars, chair of First Nations Women Advocating for Responsible Mining which supports the MiningWatch prosecution, said the impacts of the Mount Polley mine spill are far from over.

“The disaster that was the Mount Polley tailings pond collapse is not over for those of us who live and depend on the lands and waters and particularly on the salmon that have always sustained us,” she said at the time of the proceeding’s launch.

“Nor is it over for those living in the shadows of other existing and planned mines across B.C. who are acutely aware of the government’s own panel of experts who reported we can expect to see two more such failures every decade,” she said.

MiningWatch hopes the case will be cleared for trial and will be eventually taken up by the Federal Crown.

Although supported by an impressive coalition of environmental, social justice and First Nations organizations that includes West Coast Environmental Law, Amnesty International Canada, Sierra Club BC, the Wilderness Committee, Concerned Citizens of Quesnel Lake and many others, MiningWatch recognizes “the cost and expense associated with prosecuting a case against a mining corporation and the Provincial government can be immense.”

“If Canada’s unique environmental values and waters are to be fully protected, it can only occur if the government stands against violations of its own laws and uses all the means and resources it has at its disposal to do so,” the group states.

Image: Screenshot of the August 4th tailings pond collapse at the Mount Polley mine. Credit: Cariboo Regional District via Youtube

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Costs associated with the closure and reclamation of 84 abandoned industrial sites, mostly from mining, in B.C. have increased to $508 million, according to new information released from the Crown Contaminated Sites Program.

Responsibility for the sites has fallen to the province because the owners or operators of the projects “no longer exist,” according to a provincial press release.

The estimated cleanup costs have grown by $231 million since 2014, representing an increase of 83.4 per cent, watchdog group MiningWatch notes.

According to the province, a number of the mines, like the Britannia Mine near Squamish, or the Bralorne-Takla Mine in northern B.C., that now present a risk to human and enviornmental health, operated before 1969 when modern environmental legislation was created.

Although the province is quick to highlight work done over the past two years to clean up contaminated sites, Ugo Lapointe from MiningWatch says the significant growth in overall liability signals an urgent need for reform in the mining sector.

“Almost two years after the Mount Polley mine disaster, multiple cases of environmental mismanagement, and exponentially growing costs to clean up contaminated mine sites at taxpayers’ expense, it’s about time the B.C. government starts ‘walking the talk’ on desperately needed reforms in the province’s mining sector,” Lapointe said.

“This is only the tip of the iceberg, as yesterday’s report indicates that only 18 of 84 identified sites have been remediated to date, 16 are still under investigation, and 48 more are categorized as ‘lower priority’ and have yet to cleaned up. About 90 per cent of these sites are mining sites.”

Lapointe said at current rates it will take B.C. 64 years to clean up the remaining sites.

Polluter-Pays System a Failure in B.C.

In May B.C. Auditor General Carol Bellringer issued a scathing report that criticized B.C.’s weak mining liability regime. Bellringer estimated the province’s mining operations carried a $1 billion liability shortfall that ultimately falls onto taxpayer shoulders.

Economist Robyn Allan followed up on that report with a new analysis that showed, when combined with underfunded mining reclamation costs, the liability ballooned to $1.5 billion.

B.C. claims a polluter-pays system is in place for mines: “The Environmental Management Act ensures that those that pollute are held responsible under a polluter pay principle so the taxpayer does not have to assume these clean-up costs.”

Although, according to Robyn Allan, that claim is misleading.

“This statement is not true from the perspective of protecting human health and the environment, nor is it true that polluters are paying for the damage they cause,” Allan told DeSmog Canada. “The polluter pay principle is not working in B.C. For the polluter pay principle to work, polluters must pay for the damage they create. Instead, we find time and again, that it is taxpayers who are paying, or else much of the damage mining companies have caused is going unaddressed.”

Allan’s recent report detailed “decades of neglect in compliance and enforcement activities” within the B.C. Ministry of Mines and the Ministry of Environment.

“The regulators are not protecting the environment from substantial harm or protecting taxpayers from bearing extensive financial cost to fix it,” Allan told DeSmog Canada.

She added the province has standards in place, but doesn’t do enough to ensure the protection of human health or the environment. Both the Snipgold Johnny Mine and Chieftan Metal’s Tulsequah Chief Mine are prime examples of a failed compliance and regulatory system in B.C.

Allan added financial failure in the mining sector, especially in relation to coal, increases these concerns. The collapse of Walter Energy, which Allan outlines in her report, will likely lead to water contamination at the company’s coal mine in northern B.C., Allan said, “because the company was not required to post full financial security” and “is now under bankruptcy protection.”

Allan added a similar situation could unfold with Teck Resources that could see “taxpayers picking up billions of dollars of reclamation and water treatment costs in the Elk Valley in the future.”

“The polluter doesn’t pay if the polluter becomes unable or unwilling,” Allan said. “This is why it is imperative that a fully secured financial assurances system with accurate estimates of reclamation costs and responsibilities be introduced as soon as possible.”

Underfunded Liability Concerns Alaskans Downstream of B.C. Mines

B.C. has at least 10 new mines planed or proposed for northwest B.C., many located above salmon-spawning rivers that travel directly into Southeast Alaska.

Weak regulations, limited liability and a lack of mining oversight has Alaskans living downstream of the mine sites worried another Mount Polley-style disaster will negatively affect local tourism operations and salmon populations.

Concerns over the recent increase in mining activity in northwest B.C. were heightened with the approval of the Red Chris Mine, located in the Iskut and Stikine watersheds. The Red Chris Mine is owned and operated by Imperial Metals, the same company responsible for the Mount Polley mine disaster which sent an estimated 25 million cubic metres of mining waste into the pristine waters of Quesnel Lake nearly two years ago.

The majority of that mining waste, which contains mercury and arsenic, remains on the bottom of Quesnel Lake. No charges or fines were issued in response to the Mount Polley incident.

Recently Alaska’s Congressional Delegation asked Secretary of State John Kerry to step in to protect Alaskan interests from B.C.’s mining boom.

In a letter to Kerry, the delegation wrote, “Alaskans need to have every confidence that mining activity in Canada is carried out just as safely as it is in our state. Yet, today, that confidence does not exist.”

“Should there be an impact to the transboundary waters that flow from Canada to Alaska, our state’s fisheries, tourism and native peoples could all be hurt.”

“Clearly, this program has not been a priority for the B.C. government and nothing in the report indicates that this will change in the future. Nor is there anything to indicate that the B.C. government will seriously enforce the ‘polluter-pays’ principle so that the industry pays for the mess it created,” Lapointe said.

“That’s a shame, because at the end of the day, it’s B.C. taxpayers who will be left with a bigger hole in their pocket to clean up the mess.”

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New mines proposed for north-west B.C., close to the Alaska border, will have tailings dams similar to the one that collapsed at Mount Polley, despite recommendations of an expert panel that companies use other methods of storing waste, says an analysis written for a coalition of Canadian and U.S. non-governmental organizations.   The new analysis, Post-Mount Polley: Tailings Dam Safety in British Columbia, underlines the need for the province to immediately bring in firmer legislation and says it is time B.C. lived up to commitments to make the mining industry safer.   The expert panel report on the 2014 Mount Polley disaster — which sent 25 million cubic metres of slurry and waste water flooding into lakes and rivers surrounding the mine — recommended best available practices and technology be used for tailings storage, including dry stack technology where appropriate.   However, four major B.C. mines in the Alaska/B.C. transboundary region are failing to implement those recommendations, meaning a similar dam breach could threaten the area’s major salmon rivers, says the report released Tuesday.

The paper, written by Dave Chambers of the Center for Science in Public Participation on behalf of 15 groups including Earthworks, MiningWatch Canada, Canadian Parks and Wilderness Society, the David Suzuki Foundation and Southeast Alaska Conservation Council, says that the KSM, Galore Creek, Red Chris and Schaft Creek mines all require dams two to six times higher than Mount Polley and that the tailings ponds will contain between seven and 27 times the volume of the Mount Polley pond. 

“The mines proposed in the region are far beyond the scope and scale of Mount Polley and the consequences of another tailings dam failure are likely to be far worse,” Chambers said.   All the mines will generate acid waste meaning any failure would put the Unuk, Stikine and Nass watersheds at risk, jeopardising the billion dollar fishing industry.   Red Chris, owned by Imperial Metals — the same company that owns Mount Polley — is the only one of those four mines in production, with the others in various stages of the environmental assessment and permitting process.   But, even though the dam at Red Chris has been completed, changes can be made to make it safer, according to the report.   Energy and mines ministry spokesman David Haslam said tailings storage at Red Chris has been the subject of three independent reviews, including one by experts retained by Tahltan First Nation.   “Our government is leading Canada in making changes to how mining is done and we will continue to work hard to ensure our policies are the best in the world,” he said.   But Chris Zimmer of Rivers Without Borders is sceptical and points to tougher reviews of projects in jurisdictions such as the Yukon.   B.C. seems to be continuing down the same path it has taken before, he said.   “Albert Einstein famously defined insanity as doing the same thing over and over expecting different results,” Zimmer said.   “But it shouldn’t take an Einstein to figure out that mines using Mount Polley’s mine waste disposal methods risk future Mount Polley-scale mine waste disasters.”   Although B.C. has implemented less important recommendations from the expert panel report, the province appears to be ignoring the most important one, Zimmer said.

“The fundamental recommendation was no more wet tailings. B.C. doesn’t seem to have learned the lesson here,” he said.   One problem is that B.C. seems to be looking at the immediate costs to companies, rather than the immense costs of an accident, according to Zimmer, who does not accept claims that alternative technology is not practical at the transboundary mines.   “From an engineering perspective, this is doable,” he said.   Energy and Mines Minister Bill Bennett said previously that the provincial government will implement all the expert panel’s recommendations and the province is currently undertaking a mining code review.   “The tailings storage facility portion of the code review is expected to be completed this spring and revisions could be legally in force by mid-2016,” Haslam said.   “Government will also work with industry and professional organizations to ensure recommendations directed at them are implemented. It is anticipated this work will be completed by spring 2017.”   Although the expert panel said, where practical, B.C. should move to best technologies, such as dry stack for tailings storage “the panel also noted that there are circumstances where other technologies are more appropriate, due to the need to neutralize chemicals in the tailings or challenges with dewatering the tailings,” Haslam said.   A strong regulatory framework is needed because companies almost inevitably choose the cheapest option, said Ugo LaPointe of Mining Watch Canada.   Slurry can be made thicker, even if a company cannot change entirely to dry stack tailings, and there are ways to make dams more stable than the design used at Mount Polley, said LaPointe, who wants a fundamental shift in the attitude towards safety in the mining industry.   Bennett said in 2014 that one Mount Polley disaster is one too many, LaPointe said.   “Two years later, it’s time for him to make good on his promise and put these recommendations into policy and practice.”   Last November, with a background of growing Alaskan concerns about the safety of B.C. mines, Premier Christy Clark and Alaska Governor Bill Walker signed a memorandum of understanding that strengthens collaboration on major mine developments on either side of the border.   However, a coalition of Alaskan business owners, fishermen, First Nations and politicians is continuing to call for the issue of development close to transboundary rivers to be referred to the International Joint Commission.

Image: Cariboo Regional District

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No charges will be laid against the Mount Polley Mine Corporation, owned by Imperial Metals, for the collapse of a tailings impoundment on August 4, 2014, that sent an estimated 24 million cubic metres of mining waste into the pristine waters of Quesnel Lake.

The incident, considered one of the worst mining disasters in Canadian history, was simply the result of “poor practices,” according to B.C. chief inspector of mines, Al Hoffman, and not due to “non-compliances.”

Hoffman released the results of a yearlong investigation into the tailing pond’s failure Thursday and did not recommend charges be brought against the mine or its parent company.

The Mount Polley mine was operating within existing regulation, Hoffman found, but failed to use best available practices. Hoffman made 19 recommendations to the B.C. government and the mining industry to prevent a similar event from occurring in the future. The recommendations include introducing a “designated mine dam safety manager” to monitor tailings facilities as well as improving records management and transparency around design, construction and operation of mining facilities.

B.C.’s Ministry of Mines currently has no rule in place for levying administrative penalties against mining operators. Upon release of the report, B.C. Minister of Energy and Mines Bill Bennett said he hopes to introduce new legislation this spring that will give his ministry the power to impose fines to encourage compliance.

Despite the promises for stronger mine management and future legislation, the current lack of consequences for the Mount Polley Mine Corporation and Imperial Metals has critics outraged.

“How can so many things be done so poorly, sloppily or haphazardly and result in massive damage without someone being ‘at fault?’” Ugo Lapoint, Canadian program manager with MiningWatch Canada, stated in a press release.

The catastrophic failure of the tailings impoundment, which sent contaminated waste into a major source of drinking water and spawning grounds for, at high times, up to 60 per cent of the province’s sockeye salmon stocks, was “not an ‘Act of God,’” Lapointe said.

“It was poor design, poor practices, poor oversight and misconducts on the part of Mount Polley Mine Corporation.” 

“It makes no sense. Either there were political reasons for the chief inspector to not lay charges against [Mount Polley], or the regulatory system is even more broken then we all thought. Either way, it’s not reassuring for any of the mines currently operating in B.C.,” Lapointe added.

MiningWatch Canada found that although the chief inspector did not lay charges, he made numerous incriminating statements in his recent report.

“It does not add up,” Lapointe said.

Richard Holmes, environmental biologist and resident of Likely, B.C., where the spill took place, said the report is a damning indictment of the province’s regulatory system.

“I think this reflects the weak regulations we have in B.C.,” he said

He added the lack of charges against the company does not come as a surprise.

“I didn’t think the chief inspector of mines would condemn his own ministers too much,” he said.

Holmes said the disaster is the outcome of “a bad combination of weak regulations, no oversight and a company that was hell bent on walking a very fine line in doing what was right and making a profit.”

The province’s push for more mines is troubling given the Mount Polley incident reflects poorly on the government’s ability to manage resources and watersheds, Holmes said.

There are currently 10 new mines planned for northwestern B.C., threatening transboundary watersheds flowing into Alaska. The proposed mines include the Red Chris Mine, owned by Imperial Metals, the same operator of Mount Polley.

“The Alaskans and others have every right to be concerned about transboundary rivers,” Holmes said. “Alaska has its own mining concerns that don’t need to be compounded by a weak B.C. regulatory system.”

Calvin Sandborn, legal director of the Environmental Law Centre at the University of Victoria, said a previous B.C. report put together by a panel of experts found management failures contributed to the collapse of the tailings impoundment.

“We sure would like to see someone held to account for this incident,” Sandborn said.

“B.C. government officials have been telling us for years they have world-class laws, world–class standards when it comes to mining,” Sandborn said. In 2012, Premier Christy Clark told a Calgary audience B.C. has the “highest standard of sustainable mining in the world.”

“So do those laws really provide a remedy when you have one of the biggest mining disasters in the world?” Sandborn said. “The jury is still out on that.”

Sandborn said there are still two Mount Polley investigations pending — one conducted by the B.C. Conservation Office Service and another by the federal Department of Fisheries and Oceans.

Sandborn said in January a panel of independent experts brought together by B.C. recommended the province eliminate the use of wet tailings impoundments altogether and opt for safer dry stacked tailings — a tailings management technique used in many other mining jurisdictions.

“Most importantly we need to look to the future and accept the recommendations of the government’s own experts and stop ignoring that advice,” he said.

After the Mount Polley incident it was revealed Murray Edwards, owner of Imperial Metals, raised $1 million at a private fundraiser for Clarks’ re-election. The Mount Polley Mining Corporation has donated $46,720 to the B.C. Liberals and mining giant Teck Resources has donated $1.7 million over the last nine years.

“You have to wonder if the B.C. government is constrained because they get so many political contributions from the mining industry, if that is a factor in their policy,” Sandborn said.

Image: Global News 

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Whether it was an act of God or the fault of negligent mine operators, the cause of Mount Polley mine spill — the worst mining disaster in Canadian history — remains officially undetermined, leaving local residents in a frustrated state of limbo.

One year ago this week the Mount Polley mine tailings impoundment collapsed, sending a catastrophic 24 million cubic metres of contaminated mining waste down the Hazeltine Creek and into Quesnel Lake, a local source of drinking water and in peak years can host up to 60 per cent of the province’s sockeye salmon run.

The province of B.C. says the Mount Polley Mining Corporation, owned by Imperial Metals, is still under investigation although some fear a January report that found glacial silt responsible for the instability of the collapsed tailings pond may take culpability away from the company.

Kanahus Manuel, a local indigenous activist and member of the Secwepemc First Nation, said the province’s decision to approve a partial re-opening of the Mount Polley mine last month signals to the media and the public that the company is without blame.

“The province giving the permit to Mount Polley was very irresponsible,” she said. “Mount Polley still under investigation and they haven’t cleaned up this disaster.”

Manuel doesn’t believe the reason for the tailings pond collapse was due to the presence of glacial silt.

“According to the people who worked here at the mine it was negligence. The dam wasn’t built properly and the company was not giving workers the proper material, the rock material, they needed to stabilize it.”

“That needs to be addressed,” she said. “They’re getting away with it."

Long-term Impacts of Mount Polley Spill Unknown

Manuel said she marked the one-year anniversary of the spill at a protest at the entrance to the mine with about 100 other individuals from as far away as Vancouver and Montreal.

“It’s very distressing to us as salmon people,” Manuel added, saying local fishermen attended the gathering to feed participants salmon.

“People still have these emotions about the disaster, not knowing what the cumulative impacts and the impacts on the salmon will be in years to come.”

Manuel said she is concerned about the movement of the mining waste through the food chain. “You’ve seen it, the sediment is pulverized into tiny particles. Those are the particles that are going into the food chain and will bioaccumulate in our bodies.”

Fine waste material from the tailings pond on the author's boots, August 11, 2014. Photo: Carol Linnitt.

Sam Albers, manager at the Max Blouw Quesnel River Research Centre, is studying the long-term impacts of the spill on aquatic species and said the effects of the spill will take time to show up in the data.

Albers said the spilled material contains heavy metals like copper and selenium but some of the metals are likely still bound up in rock material. The question is how effectively the metals are dissolving in the water and how that will affect fish over the long term.

"The big concern is that copper and salmon really don't mix all that well,” he said.

"Specifically, dissolved copper and salmon don't mix well. It can get into their olfactory system — so the fish equivalent of a nose — and really mess with their ability to utilize their ecosystem properly."

Albers explained the one-year anniversary of the spill is significant for scientists collecting data, because it allows for "more comparing apples to apples."

"We can now compare August sixth data from this year to August sixth data from last year. That will help us develop that longer-term time series which is critical to being able to comment on the impacts."

Sediment-laced water can be seen flowing into Quesnel Lake at the base of the rebuilt Hazeltine Creek. Photo: Farhan Umedaly.

Fisheries biologist and local resident Richard Holmes said he is also concerned about the impact of the spill on fish species.

“I think the impacts will be long-term but we just don’t know how severe they will be,” he said.

“Especially for the fishery resources, the biggest concern for Quesnel Lake is the sockeye salmon.”

No Disaster Relief for Victims of Spill

Holmes said he is glad attention is being paid to the environmental impacts of the spill although he said he is “disappointed” the company and the province were so eager to get the mine up and running again. The Ministry of Environment approved a permit for the mine to partially restart operations in June.

Holmes said the mine and the province acted “like they’d just won the lottery.”

“I was insulted, actually.”

“They’ve forgotten completely about the social impacts and the cultural and economic impacts on the people in the community,” he said.

He added that a recent flood in Cache Creek has received much more immediate attention from the province which stepped in with disaster relief funds for the community.

“That has never been offered here,” he said.

The province did provide $50,000 to the Likely Chamber of Commerce after the spill occurred but Holmes said that amount was inadequate. “That works out to $143 per person for a year of dealing with this disaster.”

Richard Holmes near his home in Likely, B.C. Photo: Carol Linnitt

He said because the investigation into the Mount Polley spill is still ongoing, the community is struggling to stay afloat without compensation.

“The government can’t have it both ways. Either there is somebody to blame who must pay. Or if nobody is to blame then the government needs to step in,” he said.

Local eco-tourism operator Gary Zorn also expressed frustration at the lack of compensation for Likely residents and business owners.

“What’s the difference between here and what happened here and in Cache Creek?” Zorn said.

“Cache Creek has a huge disaster, a natural disaster, and the government rushes there and gives everybody there up to $300,000 and here we have a massive mining disaster and the government gives them a start up permit.”

Zorn and his wife Peggy said their eco-tourism business, which offers grizzly-watching adventures, lost hundreds of thousands of dollars the day the Mount Polley disaster occurred.

“How come the government doesn’t say, ‘hey you guys, you created some real issues here, there’s some businesses you really did dirt to, you really hurt them. You straighten that mess out too.’”

“Or is the government to blame too?" Zorn said. "I mean, what’s going on here. How do you keep passing the buck and promising lies and lies and lies?”

“Who Will Pay the Bill?”

The province is currently conducting two investigations into the Mount Polley mine spill through the Conservation Officer Service and the Chief Inspector of Mines.

“We will ensure that those responsible are held accountable,” a spokesperson for the Ministry of Environment said.

Ugo Lapointe, Canada program coordinator for MiningWatch Canada, said it doesn’t make sense to restart the mine with two investigations pending.

“The ongoing investigations could lead to serious civil and criminal charges against Imperial Metals or its contractors, which in turn could lead to severe or very costly sanctions or litigations,” Lapointe said. “This critical information should be made publicly available before even thinking of reopening the mine.”

In a video released by the province to mark the one-year anniversary of the spill, Steve Rothman, senior inspector of mines from the Ministry of Energy and Mines, said, “the province would like to see the mine back in operation and in a safe and environmentally-conscious program that takes all the workers back to work and helps support the community.” 

But Lapointe echoes the concerns of the community: “Again we seem to be repeating the same mistakes as before by prioritizing the company’s economic interests over safety and the environment. This is really about getting Imperial Metals back to profitability.”

“We are very concerned of the lack of detailed assessments of the costs and damages caused so far by this massive failure onto the local environment, communities, and businesses, as well as onto First Nations’ right and livelihoods in the area,” Lapointe said.

“Who will ultimately compensate and pay the bill for all of those damages? The persistent blanket of silence on this issue is very worrisome.”

Image Credit: The reconstructed base of the Hazeltine Creek and Quesnel Lake. Photo: Farhan Umedaly.

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