Law centre calls for judicial inquiry into mining regulations

An old, unchecked mine at Jordan River that contributed to the disappearance of salmon is one of the reasons an environmental law group says mining regulation in the province needs a radical overhaul.

The University of Victoria Environmental Law Centre is filing a petition today calling for a judicial inquiry into mining, on behalf of the Fair Mining Collaborative. At least 12 First Nations and environmental groups have submitted letters of support for the petition.

“We’re filing it because of the whole series of events that have just shown what a mess mining regulation is in,” said legal director Calvin Sandborn.

The defunct Jordan River mine was found to be leaching copper long after the province deemed it clean in 1993. Because the province doesn’t regularly test old mine sites, it only came to its attention through the work of a concerned citizen.

On North Pender Island in 2013, a resident was surprised to learn Gold Rush-era mining rules still allowed miners to stake claims in backyards and on private property, as long as it’s far enough away from a dwelling — another case cited by the group.

Sandborn said the Mount Polley disaster is the case that drew the most attention to problems with regulation and enforcement.

“It was the image of that dam at Mt. Polley collapsing and that huge torrent of water. It’s an incredible visual symbol of how regulation is failing in B.C.,” Sandborn said.

In the wake of the disaster, an expert panel and auditor general reviewed regulations and submitted recommendation. The B.C. government accepted the recommendations, but declined to act on the main one, which called for reorganization of the ministry so compliance and enforcement would be done independently from industry promotion.

Sandborn said a public commission would go beyond those recommendations to review and modernize them, instead of studying their enforcement.

“We’ve reached that historic juncture where mining regulation has failed on so many aspects that it’s really necessary for a judge to hold public hearings,” he said.