The Sandy Pond Alliance, a coalition including Council of Canadians, MiningWatch Canada, the Newfoundland and Labrador Natural History Society, the Sierra Club of Canada – Atlantic Chapter, along with scientists and activists in Newfoundland & Labrador, today launched a legal challenge against the federal government for allowing the dumping of mining waste into Canadian lakes and rivers.

The announcement was made at press conferences held simultaneously in St. John’s and Ottawa this morning.

The dumping of mining waste into pristine lakes and rivers converts them into “tailings impoundment areas”, rendering them industrial waste basins that are generally unsuitable as wildlife habitat. Despite prohibitions on polluting waters known to be fish habitat listed under section 36 (3) of the federal Fisheries Act, this practice is permitted under section 5.1(a) and Schedule 2 of the Fisheries Act’s Metal Mining Effluent Regulations (MMER).

Nature Canada is aware of the environmental issues surrounding the Metal Mining Effluent Regulations and will continue to monitor the progress of the Alliance’s court case as it moves forward.

Water bodies listed under Schedule 2 of the MMER are found across Canada, meaning that the environmental repercussions of these regulations are not isolated. We encourage the public to learn more about this issue and become informed in the debate.

Today’s press release by the Sandy Pond Alliance’s follows:

Coalition takes federal government to court to protect lakes

The Sandy Pond Alliance, a coalition including the Council of Canadians, MiningWatch, the Newfoundland and Labrador Natural History Society, Sierra Club Atlantic, along with scientists and activists in Newfoundland launched a legal challenge against the federal government today for allowing the dumping of mining waste into Canadian lakes and rivers. The announcement was made at press conferences held in St. John’s Newfoundland and Ottawa this morning.

The Sandy Pond Alliance will argue in the Federal Court of Canada that a loophole in the Fisheries Act that has led to metal mining companies seeking permission to dump toxic waste into lakes since 2006 should be deemed illegal.

“We will argue that this regulation violates federal law,” says Newfoundland-based lawyer, Owen Myers. “The principal function of the Fisheries Act is the conservation of fish and aquatic ecosystems. The challenged regulations essentially amend the Act by regulation which is unlawful.”

While the coalition emerged out of efforts to protect Sandy Pond, a lake near Long Harbour, Newfoundland, the issue is of national significance.

“We started this campaign in Newfoundland to protect all lakes being threatened under this loophole in the Fisheries Act,” says Bill Montevecchi,University Research Professor, Memorial University of Newfoundland.

Among the threatened lakes are Fish Lake in British Columbia, in the heart of Tsilhqot’in territory, and Bamoos Lake, just off the northern shore of Lake Superior near Marathon, Ontario.

“We are not opposed to mining, but allowing the destruction of healthy bodies of water is unconscionable,” says Ken Kavanagh Council of Canadians chapter chair for St. John’s and Director of the Sandy Pond Alliance.

The court case is expected to be heard in St. John’s Newfoundland and Labrador in the Fall.

Other groups have also voiced their opinion regarding Schedule 2 of the MMER. Here’s a sample of what they had to say:

Maude Barlow of the Council of Canadians:
“Allowing a lake to be turned into a dump site for a private company is nothing short of privatizing a public resource that is essential for life. Contaminating a water body will have devastating consequences on entire watersheds at a time when the world is dealing with a fresh water crisis.”

Catherine Coumans of the MiningWatch Canada:
“Prior to 2002 mining companies were required to protect surface and ground water using existing technologies… they (are now)… allowed to destroy lakes in Canada when… they would not be allowed to do so in the United States or others developed countries.”

John Werring of the David Suzuki Foundation:
“They can save millions of dollars in operating cost by doing this. But is that sufficient reason to destroy our treasured natural resources?… We thought… companies would want to be more environmentally friendly, not less so.”

Celeste Cote of the Sierra Club Canada:
“Coming from a government that has committed to a National Water Strategy these changes to Schedule 2 are especially counterproductive.”

Roger Hunka of the Maritime Aboriginal Peoples Council:
“The advisors to the Prime Minister and Cabinet are ignoring the teachings of Aboriginal peoples. Stop using lakes as dump sites for toxic mining wastes.”

All quotes are taken from MiningWatch Canada’s website.

You can also become acquainted with the regulations in question.

Nature Canada volunteer Stefan Kohut contributed this blog post. Thanks, Stefan!

Photo 1 shows a scene from this morning’s press conference (S. Kohut)
Photo 2 shows a pristine lakefront (A. MacDonald)