(The following story by Susan Lazaruk appeared on the Vancouver Province website on May 24.)
VANCOUVER — The Squamish Indian band is suing CN Rail over the spill of caustic soda into the Cheakamus River in August 2005, and seeking to ban the rail company from carrying dangerous cargo through the area.
The band filed a writ in B.C. Supreme Court saying the derailment of nine cars of a 114-car CN train over a trestle bridge into the Cheakamus Canyon north of Squamish spilled 41,000 litres of highly corrosive sodium hydroxide into the river.
The caustic soda, used for cleaning products, killed 90 per cent of all fish along 17 kilometres of the river, or a half million fish, the writ says. It goes on to say the spill pushed the acidity level to more than double what most aquatic life can tolerate, destroyed vegetation and organisms necessary for the existence of fish, birds, wildlife and vegetation.
The suit alleges CN Rail is responsible for the spill, which was “caused by the negligence of the defendant because it failed to operate the railway in a safe and reasonable manner,” including operating the train with too many cars.
The allegations haven’t been proved in court and CN has a week to file a defence.
The band is claiming the spill has “substantially interfered with the (band’s) use and enjoyment” of the river and “constitutes a nuisance.”
The band said it suffered loss and damages because the spill interfered with its constitutionally protected rights to fish, hunt wildlife and to continue its traditional economy and cultural spiritual use of the area.
It’s also seeking damages for harm to the environment and ecosystem, and the costs to repair the area.
The writ said CN has “failed to remediate the environment” and is asking the courts to order it to return the river to its pre-accident condition and also to ban CN from carrying dangerous cargo through the area.
CN Rail last year announced it was paying $1.25 million to restore the river.
CN formed a partnership with the Pacific Salmon Foundation to contribute $250,000 a year over five years to fund the Squamish River watershed salmon recovery plan. The Cheakamus is a main tributary of the Squamish River.