Former B.C. mining exec fined $30K for environmental violations but First Nation says damage costs far more

The former executive of a now-bankrupt mining company has been fined nearly $30,000 for environmental violations dating back to 2015 an amount that hasled to competing appeals from both sides.

The charges follow a July 7 ruling from B.C. provincial courtjudge David Patterson, who said Benjamin Mossmanwas"actively or passively involved" in releasing excess zinc and other substances into woods and wetlands on Banks Island in Gitxaaa First Nation territory.

He was fined$29,994, according to the B.C. Conservation Officer Service,which led the joint investigation into the allegations in the initial stages.

Mossman was acquitted on another 10 charges relating to the same mine, which closed in 2015, less than eight months after opening.

Chilwin Cheng, legal counsel for Mossman, says he is disappointed in the court's decisionand that his client is appealing the convictions.

"We argued for a lower [fine] ... we're looking forward to seeing the results after the appeal."

The B.C. Prosecution Service saysCrown Counsel isappealing the acquittals for the other charges pressed against Mossman, whichinclude failing to report environmental spills and dumping, discharging mine waste into the environment, and unauthorized work near a stream.

Both appeals are scheduled for January 2024.

Mine opened despiteGitxaaaopposition

The Yellow Giant Mine opened onLax k'naga dzol, also known as Banks Island,in 2015 despite opposition from the Gitxaaa Nation.

The islandis at the heart of Gitxaaa territory and is important salmon habitat.

According to North Coast NDP MLA Jennifer Rice, a former employee tipped off the Ministry of Energy and Mines to problems at the mine and, on July 9,2015, the province, Environment Canada and the Conservation Officer Service inspected the site.

The next day, the provincial environment ministryissued apollution abatement order, saying the companyhad releasedtailings and effluent into a creek, a lakeand a pond, as well as forest and wetland, on Banks Island.

On July 15, 2015,the Ministry of Energy and Minesordered operations of the Yellow Giant Mine to cease and desistuntil they were in compliance, and in January 2016, Banks Island Goldfiled for bankruptcy.

In August 2016, following the advice of the Conservation Officer Service, charges were laid againstMossman and a second accusedalleging multiple violationsof the province's Environmental Management Act, including failure to report a spill of a polluting substance and repeatedly failing to comply with environmental permits.

In July this year, Mossman was found guiltyof 13 environmental violationswhile the co-accused was found not guilty on all counts.

Pollution 'devastated'land: Chief councillor

In a statement,GitxaaaChief Councillor Linda Innes told CBC News that Mossman "is certainly accountable for the horrendous examples of what happens when bad mines are allowed to operate without clear oversight."

But she said the finesimposed "amount to nothing but small fractions of the costs of correcting the devastation left behind."

"The pollution left behind devastated Banks Island's salmon-rich creeks and near-shore areas and continues to this day," Innes said.

She said provincial estimates say cleanup could cost $2.2 million.

MiningWatch Canada national program co-lead, Jamie Kneen, also called thethe amount of the fines "disappointing."

"I think it's pretty clearly not an effective deterrent," he told CBC News, adding that Mossman was hired as CEO in 2016 byU.S. mining companyRise Golddespite the charges.

Gitxaaachallenging B.C.'s mining regime

The environmental fallout from theYellow Giant Mine isone of the reasons the nation took a legal challenge to the province's Mineral Tenures Act to B.C. Supreme Court in 2021, arguing the systemignores Indigenous consultation by automatically granting mineral rights in Indigenous territory.

Earlier this year, the B.C. Supreme Court agreed with the nation that the province's mining permit system is not in compliance with the government's duty to consult Indigenous groups and that the process has adverse impacts on First Nations.

Kneen says while the Gitxaaa's victory is being celebrated,there is still work to be done in the mining industry.

"[The Yellow Giant Mine incident] is another illustration of the range of elements that need to be fixed also making sure that the contingency plans and preparation and capacity are there to make sure that these accidents can't happen," he told CBC News.

"I think we're seeing progress, but the progress is so slow so it's really frustrating."

In her statement, Innes said it is critical the province "get a handle on all bad mining practices, from the granting of mineral rights through to the damage the Nation is still dealing with onLax k'naga dzol[island]."