Nelson, British Columbia
A Provincial Court Judge has ruled that the BC Government will face charges in relation to Lemon Creek fuel spill.
33,000 litres of jet fuel was discharged into Lemon Creek and entered the Slocan River and Kootenay River killing fish and harming aquatic ecology on July 26, 2013. Charges were laid under the Fisheries Act against the Provincial Government and Executive Flight Fuel Services Ltd by long time resident Marilyn Burgoon. However, before a summons can be issued, the evidence must be reviewed by a judge.
On November 27, 2014 the court hearing was held in Nelson, BC before Judge Mayland McKimm. Ms. Burgoon provided her evidence with respect to the allegations that both parties shared responsibility for the fuel entering Lemon Creek, flowing downstream into the Slocan River and Kootenay Rivers. A book of documentary material substantiating these allegations was provided to the Court by Lilina Lysenko, counsel for Ms. Burgoon. Todd Gerhart appeared as counsel for the Department of Justice.
“This is a very important victory for democracy. This Provincial Court decision means that government and industry are still accountable for their actions in a court of law. Even when government and industry drag their feet to avoid investigation of environmental offences, justice can still prevail.” states Marilyn Burgoon.
“This is an important step when using the Fisheries Act to protect British Columbia’s water, the fish and the habitat for fish species in the Slocan Valley” she added.
“The Fisheries Act specifically provides for private prosecutions by individuals. In addition, the right of a private citizen to lay a charge is considered a fundamental part of Canada’s criminal justice system. If government is not going to apply the laws of Canada, it is up to the people to do so. I had no choice but to launch a private prosecution and let a judge review the evidence.”
Ms. Burgoon concluded that “West Coast Environmental Law Dispute Resolution fund supported my legal counsel, Lilina Lysenko and Jeff Jones. Their legal research has resulted in the Honorable Judge D.M. McKimm agreeing with my application. I hope citizens throughout British Columbia will be encouraged to exercise their right to lay a charge under the Fisheries Act. It is a powerful piece of legislation which can hold industry and government accountable for their actions.”
A summons will now be issued and a court hearing date will be set in the new year.
Marilyn Burgoon: 604-259-0996 marilynburgoon@hotmail.com
Lilina Lysenko: 250-368- 6200 lilina.lysenko@lawyersvsl.ca
Jeff Jones: 250-973-2338 jjlawyer@telus.net