The mine manager was fined $30,000 for environmental violations
The former manager of a mining company that has now gone bankrupt has been fined nearly $30,000 due to environmental violations dating back to 2015. The charges stem from a ruling by B.C. provincial judge David Peterson on July 7th, stating that Benjamin Mossman had played an "active or passive" role in the release of arsenic and other pollutants into the forests and wetlands of Banks Island within the territory of the Gitxaała First Nation.
According to reports by B.C. authorities, he was fined $29,994. The Conservation Officer Service, which led initial investigations into the allegations, found Mossman guilty of 10 other charges related to the same mine, which had closed in less than eight months after opening. Chilwin Cheng, Mossman's legal counsel, has expressed disappointment with the court's decision, and his client is currently appealing the fine.
Cheng stated, "We had discussed a lesser [fine]... We're eagerly waiting to see the results of the appeal." The British Columbia Prosecution Service says that the Crown counsel is currently seeking a review of Mossman's acquittal on other charges, which include failure to report spills and environmental discharges, improper waste disposal in the environment, and unauthorized work near a river. Both appeal requests are scheduled for January 2025. Despite Gitxaała Nation's opposition, the mine reopened.
The Yellow Giant mine in 2015 opened in Lax Kwa'alaams, also known as Banks Island, despite opposition from the Gitxaała Nation. This island is located within the heart of Gitxaała territory and is a crucial habitat for salmon. According to Jennifer Rice, an MLA for the NDP on the North Coast, a former Ministry of Energy and Mines employee had raised concerns about the mine, and on July 9, 2015, the province, Environment Canada, and the Conservation Officer Service visited the site. The next day, the provincial Ministry of Environment issued an order to reduce pollution, stating that the company had discharged wastewater and pollutants into a river, a lake, and a pond, as well as into the forest and wetlands of Banks Island. On July 15, 2015, the Ministry of Energy and Mines issued an order for the suspension of operations at the Yellow Giant mine until compliance was met. In January 2016, Banks Island Gold declared bankruptcy.
In August 2016, following a recommendation from the Conservation Officer Service, charges were brought against Mossman and another accused for multiple violations of the provincial Environmental Management Act, including failure to report pollutant leaks and repeated violations of environmental permits.
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