SALVADOR, Brazil (miningweekly.com) – Mining-focused nongovernmental organisation (NGO) MiningWatch Canada has sued the British Columbia government and the Mount Polley Mining Corporation (MPMC) for violations of the federal Fisheries Act over the 2014 mine waste disaster.

According to a press release, the NGO claims the spill was caused by the negligence of the provincial government and the operation’s owner, Imperial Metals.

“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. 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,” stated MiningWatch Canada programme coordinator Ugo Lapointe.

Supported by multiple local, provincial and national groups, MiningWatch used a specific provision of the Canadian Criminal Code that allows any citizen to initiate a private prosecution if he or she believes, on reasonable grounds, that a person has committed an indictable offence.

This safeguard has been used several times recently in British Columbia, including for biologist Alexandra Morton’s claim against the fish farm Marine Harvest Canada, which pleaded guilty for illegal possession of wild juvenile salmon.The safeguard has also been used for Marilyn Burgoon’s case in 2014 against Executive Fuel Flight Services regarding a spill of 33 000 ℓ of jet fuel into Lemon Creek. This case is ongoing.

MiningWatch stated that it would ask the Federal Crown to carry the prosecution forward, despite it being prepared to carry the case to full trial, which could turn into an expensive endeavour.

The next step will be a process hearing, which will be set in Provincial Court in Williams Lake within a few weeks. At that time, MiningWatch will present its evidence in more detail. Once a summons is issued, then a court date will be held to set a trial date.