Vale N.L. going to trial on illegal dumping allegation

Arequest made by lawyers representing Vale Newfoundland and Labrador in a case of alleged illegal dumping into Anaktalak Bay in Labrador has been denied.

The pre-trial request was for further information from the Crown, details behind the charges against Vale Newfoundland and Labrador.

While Judge Jim Walsh denied the request, laying out his reasoning with supporting case law at provincial court in St. John’s Tuesday afternoon, he did amend one of three charges against the company for clarity’s sake.

The amendment will, he suggested, address the concerns the case might go — as Vale lawyer Michael Rosenberg had suggested in arguments — “wandering all over the shop,” being unfair to the company and potentially extremely costly to all parties.

The charges still allege Vale Newfoundland and Labrador illegally dumped waste into the bay near its Voisey’s Bay mine, failed to take reasonable measures at the time to protect fish and fish habitat in the area, and failed to provide a relevant environmental monitoring report.

The illegal dumping is said to have taken place between Oct. 4 and Oct. 31, 2011.

The lawyers representing Vale — Rosenberg and Doug Hamilton — appeared for the pretrial decision via court call. They have requested a video conference for another pretrial matter, a review of expected witnesses, scheduled to take place May 5.

The trial is expected to begin shortly after, potentially on May 7.