A judge has ruled that the British Columbia government and an aviation services company can face charges over a spill of helicopter fuel into a creek last year. On July 25, 2013 a truck carrying jet fuel for helicopters fighting a wildfire on Perry Ridge made a wrong turn onto an unmaintained forestry road that couldn’t support its weight. The truck overturned and rolled into Lemon Creek, spilling 33,000 liters of fuel into the watercourse, a tributary of the Slocan and Kootenay rivers. The spill caused the death of hundreds of fish, according to a 2013 report by SNC-Lavalin, produced for the company and the B.C. Environment Ministry.
After the ministry decided following a detailed investigation of the spill that the case was closed with no recommendation for charges, Slocan Valley resident Marilyn Burgoon pleaded with a judge to allow charges to be filed against the government and Executive Flight Centre Fuel Services, the operator of the truck. The company blamed the accident on the provincial government, alleging it received poor directions to the delivery point for the helicopter fuel.
At a hearing on November 27 Ms. Burgoon provided evidence alleging both parties shared responsibility for the fuel discharge.
“This is a very important victory for democracy,” said Burgoon after the charge was approved.
“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 the investigation of environmental offences, justice can still prevail.”
Burgoon said the right of a private citizen to lay a charge is a fundamental part of Canada’s justice system.
“If government is not going to apply the laws of Canada, it is up to the people to do so,” she said.
A summons will now be issued and a court hearing date will be set in 2015.
