Williams Lake, B.C. - Yesterday, MiningWatch Canada filed a private prosecution against the B.C. government and the Mount Polley Mining Corporation for alleged violations of the federal Fisheries Act in connection with the largest mine waste disaster in Canadian history.

The mining watchdog grop claims that the massive 2014 spill was caused by the negligence of both the Province of B.C. and the Mount Polley Mining Corporation (MPMC), owned by Imperial Metals. As such, MPMC and the Province of B.C. are being charged for violating sections 35(1) and 36(3) of the Fisheries Act.

MiningWatch is taking action now because almost two and a half years after the disaster, the Crown has failed to lay charges and enforce the Fisheries Act, despite what they say is 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,” states Ugo Lapointe, Canada Program Coordinator for MiningWatch Canada. “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 filed the charges Tuesday morning in Provincial Court in Williams Lake. It used a specific 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 offence. These reasonable grounds clearly exist in this case, under the Fisheries Act according to MiningWatch.

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