A British Columbia judge has fined former CEO of defunct mining company Banks Island Gold C$30,000 ($21,800) for 13 environmental infractions in relation to waste discharges from the Yellow Giant mine in 2014.
Yellow Giant is an underground gold and silver project on British Columbia’s north coast on Banks Island on the eastern shore of the Hecate Strait, 110 km south of Prince Rupert.
A court ruling in July found that former CEO Benjamin Mossman was “actively or passively involved” in the Yellow Giant mine exceeding permitted amounts of zinc on multiple occasions, polluting fresh water lakes and creeks in and around the exploration sites.
Justice David Patterson’ ruled that in September 2014 “at or near Banks Island, in the Province of British Columbia, being the holder of a permit issued under this Act to introduce wastes into the environment, failed to comply with the requirements of the permit, by exceeding the allowed rate of discharge for zinc.”
The Crown appealed Justice David Patterson’s decision, which was then cross-appealed by Mossman’s defence counsel Chilwin Cheng, The Northern View reported.
Despite the Crown’s submission that Mossman has not accepted responsibility, Patterson found that Mossman took full responsibility for the offences.
In determining a sentence “unique to Mossman”, Patterson considered “acceptance of responsibility and remorse” and convictions result from secondary liability provisions in his capacity as the president of Banks Island Gold and mine manager of the Yellow Giant Mine site.
The judge also noted the “financial strain of trying to get an old mining site productive led to the offences in the first place.”
The Gitxaała First Nation had expressed concerns about the Yellow Giant mine’s operations.
The company filed for bankruptcy in January 2016.
