(The following report by Ian Bailey appeared on the Globe and Mail website on August 4.)
VANCOUVER — CN Rail is facing a mix of federal and provincial charges after a derailment two years ago sent tens of thousands of litres of toxic chemicals into a river north of Vancouver, killing more than 500,000 fish.
The company was charged yesterday with five counts stemming from the August, 2005, spill of caustic soda – also known as sodium hydroxide – near Squamish into the Cheakamus River.
The five offences under the federal Fisheries Act could be punishable on summary conviction by a fine of up to $300,000. Indictable offences could result in a maximum $1-million fine. The provincial offences provide for maximum penalties of up to $1-million per count.
The charges are the result of a joint investigation by Environment Canada, the B.C. Conservation Officer Service and the provincial Environment Ministry. In April, B.C. and federal environment officials searched CN offices in Edmonton and the B.C. cities of Surrey and Prince George seeking evidence.
“[The charges] sends a clear signal that we take our environmental laws and regulations very seriously,” provincial Environment Minister Barry Penner said yesterday.
He noted that, at the time of the spill, he said there could be serious consequences for CN. “These steps are another step in that direction,” he said yesterday. “Of course, they are entitled to be presumed innocent until proven guilty.”
The company is facing two counts under the federal Fisheries Act, one count of depositing a deleterious substance into waters frequented by fish, and another count of depositing a deleterious substance under conditions where it may enter water frequented by fish.
Under the B.C. Environmental Management Act, CN is facing one count each of introducing business waste, introducing waste produced by a prescribed industry and introducing waste and causing pollution.
A first appearance has been scheduled for Oct. 3 in provincial court in North Vancouver.
CN spokeswoman Kelli Svendsen declined comment on the charges, saying it would not be appropriate as the matter is before the courts.
The spill of 40,000 litres of material occurred after nine cars in a 144-car train jumped the tracks.
The onslaught of chemicals killed more than 500,000 young salmon, trout, lamprey and other species.
The incident came within six weeks of Mr. Penner being appointed Environment Minister. “It was dramatic and shocking,” he recalled yesterday.
“The immediate impact on the river was devastating when 500,000 fish were killed. The good news is the river has recovered much more quickly than people had expected.”
Anglers are back, and Mr. Penner said he has personally seen wild steelhead in the waters of the river. “The numbers are pretty good,” he said.
Since the spill, CN has made a $1.25-million commitment to support a watershed salmon recovery plan for the area.
Mr. Penner noted that the B.C. government has invoiced CN for $200,000 of its costs related to dealing with the spill. He said the company has paid all but $12,000 of the invoices.
Last month, the Transportation Safety Board blamed the accident on tension caused by four of five locomotives at the front of the train doing most of the pulling work after two locomotives at the back of the train had failed to operate. The board said CN crews should be better trained.