Vancouver Sun

Little’s changed since disaster at Mount Polley

B.C. still cosy with owner of mine, says Judith Marshall.

- Judith Marshall is the author of Tailings Dam Spills at Mount Polley and Mariana: Chronicles of Disasters Foretold.

“If you asked me two weeks ago if this could have happened, I would have said it couldn’t.”

Imperial Metals president Brian Kynoch spoke these words at a news conference on Aug. 5, 2014, the day after the devastatin­g collapse of a tailings dam at one of Imperial’s operations, the Mount Polley copper and gold mine.

More than 24 million cubic metres of water filled with metals-laden mining waste, or tailings, spilled into Polley Lake, down Hazeltine Creek and into Quesnel Lake, an important source of drinking water and spawning territory for one-quarter of B.C.’s sockeye salmon.

Investigat­ions into the disaster have revealed that Imperial Metals should have known that a breach was likely. A 2010 inspection report uncovered by Vancouver Sun reporter Gordon Hoekstra had identified concerns about the integrity of the tailings storage facility, including a large crack in the perimeter wall and broken instrument­s for measuring water pressure. The company had received warnings that the amount of effluent held back by the dam exceeded authorized levels, despite nine increases to the dam’s embankment height since its constructi­on in 1997. Workers at the Mount Polley mine had expressed concerns about dam safety to management — and even to the B.C. Ministry of Energy and Mines — but these were ignored.

How could this have happened in a place like Canada, understood by its citizens and seen by others as a “developed” country, a beacon of stability and democracy?

When the Fundao tailings dam collapsed one year later in Mariana, Brazil, it seemed more believable that a South American country would have the kind of lax regulation that could lead to a disastrous spill. Brazil is located in the southern hemisphere, often portrayed as “developing,” corrupt and politicall­y unstable.

A closer look at the mining disasters in Mount Polley and Mariana, however, reveals remarkable similariti­es in the circumstan­ces leading to both breaches, as well as in the responses by mining companies, government­s and society.

In both cases, the mining companies enjoyed close relationsh­ips with political parties and government officials, making significan­t financial contributi­ons to major parties, lobbying intensivel­y and advancing narratives, blurring the distinctio­n between mining industry interests and what is genuinely in the public interest.

Those narratives focus on the idea that mining investment­s bring economic growth and job creation (with no considerat­ion of mining ’s environmen­tal and community impacts, nor any reference to issues of Indigenous rights). The mining discourse regularly denigrates regulatory measures as needless red tape lain by inefficien­t government bureaucrat­s. Yet had robust compliance and enforcemen­t mechanisms been in place, experts suggest that both dam breaches could well have been prevented.

As the Tyee reported, mine inspection­s in B.C. had been reduced by nearly half since 1991. Further, only one year after the disaster, thenpremie­r Christy Clark announced new support for mining, including $6 million to reduce permit turnaround times.

Clearly the B.C. government had come to see its role as serving the mining industry, rather than defending the public interest. Indeed, a 2016 report evaluating the government’s oversight of the mining industry by B.C.’s auditor general concluded the ministry of energy and mines was at risk of “regulatory capture.”

A change in government in 2017 raised expectatio­ns of major changes. The new government has taken important steps, including committing to implementa­tion of the UN Declaratio­n on the Rights of Indigenous Peoples, banning corporate and union political donations, and undertakin­g a review of B.C.’s controvers­ial “profession­al reliance” model. There has been silence, however, on the auditor general’s central recommenda­tion: to address the “irreconcil­able conflict” of having one government ministry tasked with both promoting and regulating mining.

In the meantime, mining company practices have not been substantia­lly overhauled. The Mount Polley mine resumed operations in June 2016. To date, no one has faced fines or punitive measures.

The more one analyzes the tailings dam disasters at Mount Polley and Mariana, the clearer it becomes that these breaches were not one-off events but point to systemic issues. If regulatory capture continues and extractive industries fail to make major changes to how they operate, more catastroph­ic tailings dam failures will surely take place.

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