A fuel truck driver found guilty in a Nelson court nearly a year ago of polluting Lemon Creek and the Slocan River in 2013 was sentenced on Tuesday.
Judge Lisa Mrozinski handed Danny LaSante a $20,000 fine, with two years to pay, and half of it to be contributed to the Habitat Conservation Fund.
Lasante was found guilty in March 2018 of one count under the Environmental Management Act for causing the spill of about 35,000 litres of jet fuel into the creek. Lasante's employer, Executive Flight Centre, was supplying fuel to the provincial government to fight a forest fire at the time. The judge's written reasons for judgement in the trial can be found here.
The attached Fact Sheet outlines why our position is no use of chemicals to remove Invasive Plant species. The forest roads and Crown Land throughout the Southern Interior are well used by the public and these areas should use a mechanical means for removal. The Sinixt First Nation hunt and gather from these areas and the exposure to these chemicals is unacceptable. It is also important to consider the wildlife, including butterflies and bees that now use these plants.
As a long-standing watershed protection group, in the process of Petitioning the Honourable House to remove the remaining intact forests on Perry Ridge from the working forest and declare it a Conservancy, we oppose the use of chemicals in the watersheds in the Slocan Valley and throughout the area, which includes all the areas that drain into the Columbia River.
During the l980's there was huge opposition to the use of chemicals on the railroads. As a result, the railroads in the Slocan Valley were exempt from the use of chemicals, due to its proximity to water.
The entire area proposed for this pest management plan has many creeks and subsurface water. Many of these creeks are the domestic use watersheds for citizens throughout the area and as such should not have chemicals draining into them.
We strongly object to the use of chemicals throughout the southern interior as proposed in this Pest Management Plan and we will be sending you a more detailed assessment by an expert in response to the use of chemicals on Crown Land.
It has been a busy year for the Association. The Registrar for Non-Profits has given the Association an extension for our Annual General Meeting until March 31st, 2019. We will be holding our AGM in February, a much better time to meet. For the last few years our AGM has fallen late in December and we are pleased that we can now meet in the new year.
The Association also fulfilled its obligation under the New Societies Act and met the deadline of November 2018 for the transition.
The Association continues to hold events with the aim of education around water issues. We have received funding for these events, which included World Water Day and Rivers Day as well as a Seasonal Faire for local non-profit groups. The Regional District of Central Kootenay Discretionary Grants and the Columbia Basin Trust Sponsorship grants have supported these events. If you were unable to attend these events, please visit our website www.perryridge.org and you can view the u-tube uploads of the visual presentations from these events.
Association or scan them and e-mail them to lemon_creek_private_prosecution@yahoo.ca as you complete each page. We are also happy to meet with you and pick them up. This way we can keep track of the originals. If you have any questions, please call 250-226-7324. Unfortunately, to be an official petition it is necessary to have originals. You can print copies off the website if you need more pages at www.perryridge.org. Each page must contain the text and the signatures must be from BC residents. Thank you.
Both the Lemon Creek Criminal and Civil cases continue to be before the courts.
Marilyn Burgoon had Intervenor status in this criminal case (as she initiated the private prosecution case, later taken over by the public prosecutor). She was represented by Lilina Lysenko, with help from West Coast Environmental Law Dispute Resolution Fund.
There has been no new court date set and still a possibility that Executive Flight could appeal to a higher court." it is important to continue to look for justice in this criminal Fisheries and Environmental Assessment Act case and we are celebrating this decision.
In the civil matter on Lemon Creek, claims are for damages for diminution of property value and for loss of use and enjoyment of these properties arising out of the July 26, 2013 jet fuel spill. The government has appealed, stating that the citizens evacuated are not a class, even though the court ruled in the first successful environmental class action suit in BC that the citizens evacuated are a class. There is no decision on this Appeal but the lawyers felt the 2 day court appeal went well and a decision is expected in the new year. There is a sample letter on our website for you to copy and send, if you have not already done so, asking that the government settle this matter. It is important to show there is great public interest in settling the case.
The Association always needs funding. We are a non-profit society without charitable status, which limits our outreach for funding and makes any donations you can send greatly appreciated. Most of the funds go to copying, advertising, mailings and event expenses.
The Association has a committed board of Directors, who volunteer their time to continue to lobby government to remove the ridge from the "working forest" and give it protection as a Eco Reserve. We feel positive that Perry Ridge is an excellent candidate for a Eco Reserve, as the text of the Petition outlines.
The Association directors wish you a safe and happy holiday season with your family and friends.
A fundamental concept of parliamentary democracy is the right of the public to have access to parliament by way of petition.
In order for this Petition to be accepted by the Provincial Government it must be on paper with original signatures of BC residents. Each page of signatures must contain the text. Therefore each Petition page must be exactly in the form of the PDF file.
If you can, please print out the PDF form of the Petition and gather signatures and return to the local MLA Katrine Conroy, whose address is at the bottom of the Petition.
Thank you for helping Petition the government to remove the remaining intact forests on Perry Ridge from the working forest and declare it a Eco Reserve.
The community has many hard-working non-profit groups run by volunteer Boards of Directors, committees and members. Volunteer work done by our friends and neighbors, for various community causes, includes the ongoing task of fundraising. Many local non-profit groups do not have charitable status and a tax deduction incentive is not available, making fundraising more challenging.
The community of non-profit groups and local artists are invited to help with their fund raising by having a table at a Seasons Celebration at the Slocan Park Hall on December 2nd. Tables for non-profits are free and we invite these groups to bring information and fundraising items and use a free table to distribute and celebrate with the community. Tables for local artisans are by donation and we invite artists to contribute a sample of their artwork as a donation.
Set up will be at 10:00 and doors will be open from 11:00 to 4:30. There will be a Food Booth open throughout the day. If you are interested in a table please call 250 226-7324.
Watch for our advertisement in the Valley Voice the week of November 28th/29th. Hope to see you there. This opportunity made available by the RDCK Discretionary Fund and the Columbia Basin Trust Sponsorship Program, organized by the Perry Ridge Water Users Association.
Your petitioners respectfully request that the Honorable House remove the remaining intact forests on Perry Ridge from the working forest and declare it a Conservancy.
…and support water protection. Raffle Tickets for this beautiful, hand woven rug (32" x 65") made by local artist Dianne Carter will be on sale throughout the summer and the draw will be at our annual BC Rivers Day Celebration September 23rd, 2018. Tickets are 3 for $10.00 or $3.50 per ticket.
A U.S. senator named Gaylord Nelson came up with the idea for a "national teach-in on the environment" after witnessing the ravages of the 1969 oil spill in Santa Barbara, Calif. Hoping to mobilize the politically active student community, he chose April 22nd (falling between Spring Break and final exams) as the official date. On that day in 1970, more than 20-million Americans took to the streets — as well as campuses, parks, and other public spaces — to demonstrate in support of a healthy, sustainable environment. By the end of the year, the United States Environmental Protection Agency had been created and the Clean Air, Clean Water, and Endangered Species Acts had all passed.
Two decades later, in 1990, Earth Day went global, mobilizing 200 million people in 141 countries and lifting environmental issues onto the world stage. Earth Day 1990 gave a huge boost to recycling efforts worldwide and helped pave the way for the 1992 United Nations Earth Summit in Rio de Janeiro.
Now, Earth Day is the largest secular observance in the world, celebrated by more than a billion people every year.
Native American people have long recognized and celebrated in story and song the interdependence of the earth and all its creatures. For the 20th anniversary of Earth Day in 1990, they were joined by more than 200 million people in 141 countries participating in celebrations of the planet that supports us.
The theme for this year's Earth Day is cleaning up plastic pollution. Our Association supports these clean- up efforts and the focus is cleaning up plastic from waterways and the ocean. The Perry Ridge Water Users Association believes "an ounce of prevention is worth a pound of cure" and that is why the Perry Ridge Water Users Association has worked to protect the local streams and the Slocan River since 1983.
It is unfortunate that once areas are open to the public, pollution follow. Opening up the headwater and alpine areas to use, including recreational use, puts clean water at risk to human waste, toxins as well as plastic.
There are many events locally celebrating Earth Day on Sunday, 22nd of April. We encourage people to support these events and our Directors have chosen not to hold an event to allow the other locally planned events good attendance.
If you are unable to attend these Earth Day events or were unable to attend our World Water Day celebration, we invite you to spend some of your celebration visiting our website at: www.perryridge.org where our web master has made educational videos readily available at the link below. The categories include aboriginal water perspective, local water videos, and international perspective on the water crisis.
The Earth is unique in its life giving element of water, a gift that needs to be protected and cleaned up. We have uploaded videos on water to help with education about our planet and invite the public to view our website as part of your Earth Day Celebration.
The current logging is on the back of the ridge. The Association will work during the 5 – 7 year period to educate the government, in particular BCTS and the Ministry of Environment of the value of the remaining forests on Perry Ridge. These remaining forests provide protection to our homes from landslides, sequester carbon and help with climate change, provide visual beauty to Rails to Trails and the scenic route of Highway 6 and the Slocan River The forests protect the creeks, seeps and springs, which provide us with some of the world's finest water.
Perry Ridge Water Users Association also hosted a successful Christmas Faire for local artists and for community non-profit volunteers. Both BC Rivers Day and the Faire were funded by CBT Discretionary Funding and RDCK Area H Discretionary Funding. We will continue to host these annual events and produce you-tube uploads of the presentations at the BC Rivers Day.
Also of interest and supported by Perry Ridge Water Users are the two legal cases on Lemon Creek. The Criminal Case, violations under the Fisheries Act and Environmental Management Act, is before the courts and is scheduled for a week at the end of January for the closing arguments. All the witnesses have given their testimony for the prosecution, which included Dr. Ian Birtwell as the fisheries expert. He was an excellent witness with years of experience with Fisheries and Oceans. Early in the trial the Judge gave a stay to Executive Flight (this did not apply to the BC Government nor the Driver and so that case is still being heard. However the Federal Prosecution has filed an appeal of the stay for April 2018. The Civil Class Action case is also proceeding and was the first environmental class action suit recognized in BC.
Genius is almost a proverb.
Is full of educated derelicts.
Perry Ridge Water Users Association Directors wish you a Safe and Happy Holiday.
The judge erred in her decision.
It is clearer than that summer day in 2013, that the Judge in our case against Executive Flight Center, the fuel company responsible for the 30,000 liters of jet fuel spilled into Lemon Creek summer of 2013, has erred in her decision!
Chief Federal Prosecutor, Todd C. Gerhart.
Thanksgiving Dinner and Legal Updates Passmore Hall just off Highway 6 on October 7th from 4:30 -7:30 pm.
Looking North up the Slocan towards the Narrows an Original Sinixt Settlement and fishing grounds.
Smum Iem (Sinixt law) and Perry Ridge Water Users Association invite you to a Thanksgiving pot luck dinner and legal updates.
The potluck will be held at the Passmore Hall just off Highway 6 on October 7th from 4:30 -7:30 pm.
The update will include information on the Lemon Creek fuel spill court case and an update on the court case stemming from the arrest of Marilyn James, Sinixt Elder as well as the most recent arrest and charge of Lola Campbell, daughter of Bob Campbell, Sinixt Head Man in Vallican.
The Sinixt and the Perry Ridge Water Users Association are beginning a campaign to advocate legal rights equivialent to those enjoyed by humans for the Columbia River, starting with the Slocan River, an integral part of the headwaters of the Columbia down to the sea.
This status has been granted to the Whanganui River in New Zealand which has long been revered by Maoris and has become the first in the world to receive legal rights equivalent to those enjoyed by humans. The high court of the northern state of Uttarakhand established two of India's sacred rivers, the Ganges and Yamuna as "living entities. The new order makes polluting or damaging the rivers legally comparable to hurting a person. Recently it is clear that the Slocan River requires this protection.
Truth and Reconciliation is the work of every citizen. This update is for those in our community who wish to pursue these goals. Truth is about knowing and being informed. Reconciliation begins there.
To minimize clean up please bring your own eating utensils. Don't worry if you don't have food to bring there will be plenty of eats! Open to all.
Please join thousands throughout BC to celebrate waterways – we will be celebrating the Slocan and Little Slocan Rivers.
For those of you who missed the Lemon Creek Meeting there is an Evacuee Form for you to sign and return. Info on the form.
It is important to have your story about the spill and even if you weren't evacuated but were in the area (map) on the form you should state that and also that you left on your own accord and what the costs were. Receipts not necessary to send with this form. An expert report will compile the various stories and effects.
It is important to note that this is only part of the case and there is an Expert Appraiser assessing the devaluation of property and enjoyment of your home.
Renters and Occupiers of property are eligible to fill this out of pocket expense form.
Pls do it right away so that it gets to the lawyer. I suggest filling and scanning or adding as an attachment to an e-mail.
There will be hard copies in Winlaw, Slocan Park and Crescent Valley if you can not do it online.
On September 10th 2017 at 7:00 at Slocan Park Perry Ridge Water Users Association invites you to a town hall meeting.
On May 3, 2017 the BC Supreme Court certified BC's first environmental class action against the Province of BC. The action brought on behalf of more than 2500 BC residents, concerns the July 2013 spill of 35 000 litres of toxic jet fuel into Lemon Creek and the Slocan River water system. This environmental disaster, which occurred when a tanker truck overturned during a Province-led refueling operation, led to the emergency evacuation of thousands of residents in the Slocan Valley, causing millions of dollars of damage to both private property and the ecosystem.
VANCOUVER – An Indigenous women has filed private charges in 2014 collapse of the tailings dam at the Mount Polley mine, days after British Columbia's government announced that provincial charges would not be laid.
Bev Sellers has filed court documents alleging that Mount Polley Mining Corp. polluted the environment when a tailings dam burst, sending 24 million cubic metres of mine waste into local waterways.
The dates for the Lemon Creek case are set to be heard in Nelson: September 25 – 28th, October 30th to November 2, and Nov. 20 – 23rd and Nov. 27th – Nov. 30th.
The Slocan River back road was temporarily closed for a day due to trees sliding across the road and hung up on power lines. Although the road is now open to one lane traffic the water is being funneled through black plastic pipe into the culvert. One lane has slumped and the cutslope above is also moving and held back with a cable. There are several cracks along the pavement in this vicinity.
Perry Ridge Water Users Association has requested a copy of the geotechnical assessment of this earth movement from Ben Tanasichuk is the Highways Area Manager for this Area.
Fortunately there are no homes in close proximity on this section of the road. This is not the case on the majority of the back road. Many Perry Ridge residents travel this route regularly and the school buses use this road. The school buses are no longer driving the road until it is repaired. Winlaw, Brent Kennedy and Mt. Sentinel High School students must now meet their school bus where the Little Slocan River Road meets the Slocan River Road. The water damage and increased rainfall demonstrate the impact of increased water on the sensitive soils of Perry Ridge. A main road like this is monitored by the citizens driving to and from their homes and YRB. However, once resource extraction roads are constructed and resources removed, these roads can have similar earth movements that can descend to the valley bottom, where many people live and travel. Old logging roads are a major concern for safety due to lack of up keep and monitoring.
Dr. Lee Benda, a geologist with the University of Washington, wrote a report that said harvesting can increase soil water "on the order of 20 to 35 percent".
Perry Ridge Water Users Association received a letter dated February 8, 2017 from BC Timber Sales, Kootenay Business Area. Tara DeCourcy, Woodlands Manager stated that BC Timber Sales are not planning to go back to extract resources on Perry Ridge for 5 – 7 more years. BC Timber Sales has stated they do not intend to collect precipitation data and plan to continue using the Equivalent Clearcut Area (ECA) methodology to assess risk.
with proper data collection and analysis…or it should be admitted that Perry Ridge is a unique area and not suitable for development".
not suitable for logging and road building and set the area aside to protect the citizens that live below.
Please mark your calendar for April 11th, Nelson Court House 9:00 as Lemon Creek is setting Court dates and there has been interest to have it moved to Vancouver and the more of the public in attendance the more the judge will realize the community interest in Justice for Lemon Creek. Usually the court begins at 9:30 but I did miss it once as they put it up to 9:00 so I am saying 9:00.
On another community rights issue Marilyn James, Sinixt Nation also has a date that day so you are invited to support both of these important cases and support the work of women who have worked for years to protect where we live. Hope to see you there. Again the 11th of April next Tuesday.
Pls send to your list.
On another community rights issue Marilyn James, Sinixt Nation also has a date that day so you are invited to support both of these important cases and support the work of women who have worked for years to protect where we live. Hope to see you there. Again the 11th of April next Tuesday. Pls forward to your lists.
Perry Ridge Water Users Association supports protection of wetlands. Although there is recognition of the importance of wetlands and support for reclaiming them there is very little protection. An ounce of prevention is worth a pound of cure. Protect the head water wetlands on Perry Ridge.
Water is a fundamental human right. Canada joined the international consensus and recognized the right to water at the United Nations Conference on Sustainable development in 2012. We must live up to that commitment where we live.
"Some say water is the lifeblood of this planet, and it's true! The areas where land and water meet (wetlands, coasts, shorelines and stream banks, to name a few) are places that brim with biodiversity and rare species. The healthy state of these ecosystems is crucial for nature's provision of services such as purification of air and proper nutrient cycling.
But in spite of their important roles, our world's wetlands are facing serious woes.
We are coming to better understand and appreciate that nature is a key part of the infrastructure for our cities and communities. Just as we need pipes and pumps as a part of our water system, we also need healthy wetlands, rivers and watersheds to ensure a future of clean and abundant fresh water.
Marilyn Burgoon, President of the Association states: "The public now has the opportunity to learn from the uploaded u-tube presentation The Geological History of the Slocan and Kootenay River Basin about the special place we call home in the West Kootenays.
The presentation teaches the geological history going back millions of years, which includes the formation of continents and in particular it teaches about the various rock formations and mountains in the area. It explains what these rocks tell us about the history of the mountains, water and land formations. This presentation deepens our connection to this place and our knowledge of the landscapes that surrounds us, supports our survival, and provides a significant portion of hydroelectric power to the rest of the Province. The presentation shows many beautiful and informative slides about the area.
Perry Ridge Water Users Association is a public awareness and advocacy group, focusing on education related to water and land issues in the Slocan Valley. We have been in existence since 1983. The presentation and the video were made possible through the generous funding of Regional District of Central Kootenays, Area E and Area H Discretionary Fund.
Without proper updated precipitation data and the calculation of the carbon sequestration of the forests, the true natural capital of the forests is not addressed or calculated into a true cost benefit analysis. The work on Perry Ridge needs to be updated and the added data included. Without this data our Association submits that to proceed with any further logging on Perry Ridge is negligent.
Season's Greetings Please support the protection of water and all that depends on it – including all of us. I hope you all have a safe holiday and a healthy and prosperous New Year. Thank you for your support and please make a New Year's resolution to write to the government. There are e-mail addresses within the letter below for you to use. Water is the source of all life and irreplaceable.
Thank you for your Parliamentary Bulletin Fall 2016. I read the Bulletin and agree that the Rails to Trails are of economic benefit to the small communities it winds its way through. I live in the Slocan Valley and would like to bring to your attention the fact that the forests and watersheds on the valley walls are part of the natural capital that contributes to this economic benefit.
The Rail to Trails follows the Slocan River close to Highway 6. The valley walls need protection to keep this portion of the Cross Canada Trail system with the visual, natural scenic forested mountains. In your newsletter you mentioned "the economic benefits could be significantly boosted if the trails were well-maintained, better connected and promoted widely." Should logging go ahead on the valley walls then the trail will not fulfill tourist expectations of visiting natural, beautiful BC and will impact the economic benefits the local citizens referred to, which also include the economic benefits to the river use by local whitewater rafters, tubers, swimmers, kayakers and canoeists.
Protecting these forests will also protect the unstable deeply incised creeks on the valley walls that descend in and around the homes at the base of the mountains. Dr. June Ryder in her report "Geological Hazards of the Perry Ridge Benchlands" stated her grave concerns about several aspects of the potential effects of logging the Perry Ridge uplands www.perryridge.org. The water users do not accept the increased risk that logging poses to their homes.The creeks do not need any more sediment and debris entering them from logging slash and disturbed soils. The late Dr. Tony Salway pointed out to the Ministry of Forests that there was no snow accumulation data or updated precipitation data. Our Association submits that without prior updated accurate scientific precipitation data collection, it is negligent to preceed with logging above our homes on Perry Ridge.
Another benefit to protecting the valley walls is the ability of these forests to sequester carbon and assist the world in helping with climate change effects – these effects also include intense rainfall locally that can exacerbate landslides.
"To act in a manner consistent with the preservation of the visual resources of the viewshed lying within or on both Crown held portions of Perry Ridge.
We look forward to you lobbying to exclude the valley walls from the "working forest" and lobby to protect these forests. Perhaps making the valley walls part of the Regional Park system would be a solution.
The intact forests on the valley walls are working to protect our lives, homes, Sinixt Cultural sites, water, wildlife habitat, and are a community economic benefit as it relates to the Rails to Trails and the Slocan River. Please visit our website at: www.perryridge.org for further background information.
The trial on charges stemming from an aviation fuel spill in the Slocan Valley in 2013 is promising to be a long and complicated one.
The trial resumed in Nelson on Tuesday- only to be put off for at least two more months.
Crown counsel John Cliffe told Judge Phillip Seagram the Crown intends to call about 65 witnesses to establish their case.
It's going to take time to get the material associated with all those witnesses out to defence attorneys.
Seagram agreed to put off the trial until at least December 6, with a short check in November to bring all parties up to date on the preparations.
The Executive Flight Centre, one of its employees, and the provincial government are all co-defendants in the case, begun after a tanker truck carrying aviation fuel up a logging road in the Slocan Valley tipped over and spilled 33,000 litres of fuel into Lemon Creek in July 2013.
The spill killed fish and wildlife downstream, and affected shallow wells of residents living in the area. Residents were also forced to evacuate their homes while the cleanup took place.
It took nearly three years for charges to be laid, and only came after a local activist, Marilyn Burgoon, successfully laid private criminal charges against the defendants. Her win in court prompted the federal government to lay charges in July.
Burgoon said she was happy to hear the Crown is preparing to present so many witnesses for the prosecution.
The defendants have been charged with two counts of "depositing a deleterious substance in a water frequented by fish" under the Fisheries Act. The penalty on conviction is a minimum of $5,000 for an individual and $100,000 for the government or a company.
There are also six counts of "introducing waste into a stream causing pollution" under the Environmental Management Act. The maximum penalty set out in the Act is a $1-million fine or six months in jail.
The defendants have not made their pleas in the case.
The Perry Ridge Water Users Association continues to work to avoid such a tragedy on the unstable slopes in the Slocan Valley.
The Geological History of the Slocan and Kootenay Basin presented by Lesley Anderton at the Harrop Community Hall on BC Rivers Day September 25th.
If you missed the Nakusp or Slocan Presentation"The Geological History of the Slocan and Kootenay Basins" presented by Lesley Anderton or you would like to see it again, you have another opportunity on BC Rivers Day at the Harrop Community Hall. . There will be an opening by Sinixt Matriarch, at 12:00, a luncheon (by donation) and an educational visual slide presentation, concluding with a field trip to Kootenay Lake. Everyone welcome and tourists, in particular can learn the amazing geological history of this area of British Columbia. Rock climbers will also be interested in the information about the rocks in this area.
The presentation teaches the geological history going back millions of years, which includes the formation of continents and in particular it teaches about the various rock formations and mountains in the area. It explains what these rocks tell us about the history of the mountains, water and land formations. This presentation deepens our connection to this place and our knowledge of the landscapes that surrounds us, supports our survival, and provides a significant portion of hydroelectric power to the rest of the Province. .
Ms. Anderton has always been interested in sharing her love of the natural environment with non geologists and enjoys giving talks on local geology and leading field trips. In her spare time she enjoys hiking and cross country skiing as well as visiting polar latitudes. The appeal of Lesley Anderton has been demonstrated over the decades as a much loved Geology instructor at Selkirk College and her knowledge is extensive, and irreplaceable. We invite attendees to bring their film equipment so that this presentation may be filmed for future reference (see advertisement in this issue of Pennywise and in the Nelson Star next week. Thank you to the RDCK Area E Discretionary Fund.
We look forward to seeing you and celebrating BC and World Rivers Day.
A reminder that Tuesday, September 13th 9:30 at the Nelson Court House the Lemon Creek case will begin and your presence is important if you can make it to show our support for Justice for Lemon Creek. West Coast Environmental Law Staff Counsel wrote the following as a review of the case. We hope to see you there.
In 2013 a jet fuel truck operated by Executive Flight Centre, and servicing BC Ministry of Forests firefighting efforts, plunged off a road in the Slocan Valley, crashing into the pristine Lemon Creek and dumping 33,000 litres into the river, compromising drinking water and killing fish. The province investigated, concluding that no charges were warranted. The case would have been closed, but for the efforts of Marilyn Burgoon, a resident of the Slocan Valley, with a little help from our Environmental Dispute Resolution Fund. When the province wouldn't act, Marilyn laid her own charges – a course of action that led directly to a federal government appointed prosecutor laying new charges last Friday (July 22nd) against both Executive Flight Centre and the BC Government.
The federal government has decided to lay eight charges against Executive Flight Centre stemming from the fuel spill in 2013 when the company's tanker truck overturned into Lemon Creek in the Slocan Valley, spilling 33,000 litres of fuel. Also named as defendants are the provincial government and the driver of the fuel truck, Danny LaSante.
Court documents filed last week show two counts of "depositing a deleterious substance in a water frequented by fish" under the FisheriesAct. The penalty on conviction is a minimum of $5,000 for an individual and $100,000 for the government or a company.
There are also six counts of "introducing waste into a stream causing pollution" under the EnvironmentalManagementAct. The maximum penalty set out in the Act is a $1-million fine or six months in jail.
West Coast is proud to have played an important role in getting charges laid and the potential for justice for Lemon Creek. When Marilyn first contacted us about the province's failure to lay charges, we put her in touch with the lawyers who became her legal team – Lilina Lysenko and Jeff Jones (the latter having handled private prosecutions for Alexandra Morton). We also provided some of the funding that allowed her to lay charges under the Fisheries Act against Executive Flight Centre and the government. Marilyn was able to convince a BC provincial court judge to issue the charges and order the defendants to respond.
Thousands of British Columbians also wrote to the federal government urging them to take over the case and lay charges. It now appears that those voices were heard!
We shouldn't be all celebration – however. The Lemon Creek charges raise fundamental questions about why Marilyn had to work so hard to get charges laid in a dramatic and high profile spill. Although the charges are yet more evidence that private prosecutions can be an important environmental law tool – in an ideal world the government, not private citizens, should be laying charges.
In actual fact we've seen drops in environmental charges being laid at both the federal and provincial (BC) levels, and the Lemon Creek example suggests that this is because governments are failing to lay charges – rather than that there's no serious environmental harm occurring. Cuts to field staff, changes to the law and perhaps ideological motivations all play a role in this chronic non-enforcement of our environmental laws.
We should all press our governments to reverse these troubling trends, but in the meantime citizens will increasingly consider turning to private prosecutions when the government doesn't step up to the plate. At least one person retweeted our tweet about the Lemon Creek charges, adding a#MountPolley hashtag – a reference to the fact that charges have yet to be laid in relation of the Mount Polley mine disaster.
Marilyn and her lawyers have shown us that a determined individual acting on behalf of her community can get some environmental justice. Congratulations once again, Marilyn.
Good News for the Slocan Valley. Charges Laid in Lemon Creek Case – 8 charges Laid in the Lemon Creek spill.
Thank you to everyone who wrote letters, to the media who covered the story, to West Coast Environmental Law, Lawyers Jeff Jones and Lilina Lysenko, Otto Langer, Fisheries Biologist and to the wisdom of the late Sinixt Elder Eva Orr, whose wise words, "Never Give Up" are an inspiration to those of use engaged in social and environmental justice.
The public is invited to join us at the Seniors Association in Nakusp on May 29th at 1:00 to learn about " The Geological History of the Slocan and Kootenay Basins" presented by Lesley Anderton.
Ms. Anderton has always been interested in sharing her love of the natural environment with non geologists and enjoys giving talks on local geology and leading field trips. In her spare time she enjoys hiking and cross country skiing as well as visiting polar latitudes. The appeal of Lesley Anderton has been demonstrated over the decades as a much loved Geology instructor at Selkirk College and her knowledge is extensive, and irreplaceable. We invite attendees to bring their film equipment so that this presentation may be filmed for future reference. Everyone is welcome. See attached poster. Thank you to Columbia Basin Trust for Discretionary Funding.
The Perry Ridge Water Users Association supports the citizens opposing logging in Western Toad Habitat. Perry Ridge is also a high elevation unique habitat for the Western Toad. Although the government says logging in winter will protect this struggling amphibian this is not correct as the Western Toad has an extremely strong homing instinct and always returns to its original water source to breed, even if just a puddle in the forest. Once machines move through and disturb the soil and small water sources the toad no longer can return to its home.
Unfortunately the planning for the forests in our communities go back 30 years – and even then those of us who were at the various planning tables opposed the logging we now see taking place. Science has proven the water users correct and it is time to change this outdated planning with new data collection and the use of the precautionary principle.
When the government gives a license to road build and cut the forests, the law then protects the licensee. This is not justice for the toad, the Sinixt Nation or those of us who will suffer the consequences of this misguided planning by the government.
Lemon Creek Jet Fuel Spill July 26th 2013.
Our crowdfunding site "Justice for Lemon Creek".
In a private prosecution, a private citizen takes on the role of the public prosecutor. Such prosecutions are rare because the private citizen often does not have the financial resources, legal expertise, investigative powers, or institutional backing of a prosecutor's office.
Marilyn Burgoon now faces the difficult and prohibitively expensive job of carrying on the prosecution of a major case. Please donate and help with this important legal case.
The act states: Subject to subsection (4), no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water.
Because of the severity of the incident, (33 000 litres of jet fuel into fish habitat) and the disturbing trend in British Columbia over the past couple years of toxic spills by corporations and the unwillingness of government to hold polluters accountable, it is up to citizens to lay charges and be the voice for creatures that have been the victims of this violation of the Fisheries Act.
Please donate and help the private prosecution under the Fisheries Act succeed in finding justice for the fish habitat in the Slocan Valley.
The Federation of Post-Secondary Educators' Human Rights and International Solidarity Committee presents the Environmental Solidarity Speaker's Tour, featuring Jacinda Mack who will be speaking about the Mt. Polley Mine disaster in the Pit on Wednesday, February 25th at noon, and with Marilyn Burgoon (Lemon Creek disaster) at 7 pm at the Nelson United Church.
Jacinda Mack is the Mining Response Coordinator at the Northern Shuswap Tribal Council. Born and raised in Xat'sull, Jacinda is a community organizer who enjoys fishing, hunting, and harvesting traditional food. She holds a Master's degree in Communication and Culture from York University, has conducted research in self-government, and has experience protecting Indigenous land and advising on natural resources policy.
Marilyn Burgoon, President of Perry Ridge Water Users Association, is a longtime resident and advocate for watershed protection in the Slocan River Valley since 1983. On July 26, 2013 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. Ms. Burgoon exercised her Constitution right and filed a private prosecution under the Federal Fisheries Act.
Come join the discussion on the urgent need to protect our watersheds, the fundamental human right to clean drinking water, and addressing the impacts of extractives industries on healthy water for all.
An Event " Sweet Hearts for Water" will be held at the Passmore Lodge on February 14th between 10:00 and 2:00 to raise funds for professional review by scientist Dr. Lee Benda of BC Timber Sales reports on the proposed "areas of interest" on Perry Ridge.
Dr. Lee Benda is well qualified to assess the BC Timber Sales reports on "areas of interest" on Perry Ridge. Dr. Benda has a BS in Forest Hydrology, University of Washington (UW), Seattle, 1982, a MS in Geomorphology, Dept. Geological Sciences, UW, 1988 and a Ph.D in Geomorphology, Dept. Geological Sciences, UW, 1994.
Dr. Benda's primary research interests include the relationship between hillslope and fluvial geomorphic processes and river ecosystems and the role of river network structure, via tributary confluences. This is also the primary interest of the Association to help us understand the impacts of logging above homes in the valley, which include homes at the confluence of the Little Slocan River and the Slocan River. Climate change and increased rainfall affecting the Slocan Valley are no longer disputed. There will be a slide show of the beautiful aerial photos of the Slocan and Little Slocan River drainages by Lucas Jmieff.
The February 14th Brunch and Gift Sale "Sweet Hearts for Water" will celebrate the love and power of water. There is a suggested donation of $10.00.
Citizen charges to proceed against jet fuel hauler and BC Government.
Citizen charges to proceed against jet fuel hauler and BC Government in Lemon Creek spill of July 2013.
Some of you may beware of this obvious violation of the Fisheries Act in the Slocan Valley on July 26th, 2013. The Fisheries Act Section 36 pollution violation occurred when a tanker truck sent to supply forest fire fighting helicopters with jet fuel got lost along the Slocan River highway and went up an abandoned trail along Lemon Creek and rolled over and spilled its contents of some 30,000 litres of jet fuel into Lemon Creek. The spill literally wiped out all life in the stream for several kilometers including invertebrates, fish, birds and mammals. When I inspected the stream 3 months after the spill the jet fuel smell along the large stream was very evident and signs of jet fuel could be seen under the rocks in the stream, in the detrital matter along the stream and a sheen of jet fuel was evident flowing along the banks of Lemon Creek.
A few months go I sent around a note of the inability or lack of desire by the Province or Federal DFO/EC to lay charges on this incident despite having had many months to complete investigations and do the right thing. Due to government's inaction a caring local citizen Ms. Marilyn Burgoon laid charges against the most culpable parties in this event – the fuel services company and the BC government (BC Forest Service) under the deleterious substance provisions of the Fisheries Act (Section 36).
This case again a makes it very abundant that if we had a court of morality that the BC Ministry of Environment and DFO and Environment Canada should also be charged for simply refusing to do the job we as Canadians must expect them to do and pay them well to do that job of protecting the public interest. It is ironic that PM Harper did argue that the feds had created a better focus for the Fisheries Act after Bill C 38 gutted the habitat law in Canada and the government ran ads about higher fines and better enforcement?
Such claims have been proven worthless in that government has amply demonstrated that it has largely neutered environmental legislation, undermined the civil servants that are to do the work and above all destroyed the will to do the job. It is totally obvious that if we are to protect the environment, citizens must play a much greater and direct role in environmental assessments and enforcement work.
In the past when some of us participated in private informant actions (eg. R. vs. Richmond Landfill and Her Majesty the Queen or R. vs Crown Zellerbach) we did not have to go thru a hearing to seek an order that process should be issued against the named defendants. This process took place in Nelson recently for the Lemon Creek case and ATTACHED is the Judgement of that hearing held in Nelson on Nov. 27th and dated Dec 12, 2014. Ms. Burgoon's recent press release is also attached.
As you can see Ms. Burgoon was successful and the Judge ruled that the fuel services company and the Province of BC will be issued with summons and have to face a trial for their roles in this most unfortunate but totally preventable fuel spill. If the government of Chrtisty Clark and Stephen Harper were serious about any form of environmental enforcement in such obvious violations of our environmental laws they would take over the case and prosecute it for Ms. Burgoon and cover all her costs. Unfortunately we cannot expect this and above all cannot even trust government to do this work at this time. This has to change for the sake of our environment and future generations of Canadians.
I would appreciate a response from the First Ministers and Cabinet Ministers as to why has the Federal and BC governments been so lax in environmental enforcement and what are they going to do about this critical issue facing all Canadians and our grand children's environment? If they refuse to do the job that Canadian expect of them how will they assist the citizens to do their job for them?
A Provincial Court Judge has ruled that the BC Government and Executive Flight Centre Fuel Services Ltd. will face charges in relation to the 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 Fisheris Act against the Provincial Government and  Executive Flight Fuel Services Ltd by long time resident Marilyn Burgoon. However, before a summons could 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" she stated.
A summons will now be issued and a court hearing date will be set in the new year.
marilynburgoon@hotmail.com 604-259-0996* please note my change of phone # from the one you may have on file.
The Association relies on professional and legal help to continue our work. With so few laws in BC to protect the environment we have a very difficult task ahead.
BC Timber Sales has completed the road to the north side of Hird Creek on Perry Ridge. It runs along the west side.
In order for Perry Ridge residents to have the best court challenge we need evidence based on expert assessments. Past assessments funded by the Association have stated there should be no logging or extended road building on the east side of the main haul road. (The late Dr. Tony Salway and Allen Isaacson). However we would like to have expert opinion as to the effect of the west side logging downstream on the Little Slocan as well. Residents have already observed changes to the river and in one case it necessitated moving a home back from the river.
$140 US. The expert work will enable our legal counsel, Ms.Lilina Lysenko to give the Association a legal opinion regarding risks based on expert advice.
Dr. Benda has agreed to do an assessment of BC Timber Sales hydrology and terrain stability studies for the areas of interest proposed on the ridge, which basically are the future cutblocks. Of particular importance at the north end on the ridge top is the proposed logging above Jerome, Nelly and Avis Creeks.
In addition Dr. Benda will also assess the west side areas of interest and the impact downstream on the Little Slocan. We are awaiting receipt of BC Timber Sales Reports. (Google search Dr. Lee Benda). We will be applying for Dr. Benda to do field work during high water in spring 2015. For background information on Dr. Benda Google search Dr. Lee Benda on the internet.
We are appealing to supporters of Perry Ridge Water Users Association to help us secure needed additional funding for Dr. Benda to come to the valley and do field work on the Areas of Interest and assess the increased risks to our homes.
We are experiencing a very wet late fall and some creeks in the valley are running to the river that have not historically run to the river at this time of year. Climate Change has not been adequately addressed by BC Timber Sales and no up-to-date rainfall or snow data has been collected. The Association's position is that the precautionary principle must apply.
We have recently been reminded of just how much we stand to lose should a mudslide come off Perry Ridge. The Johnsons' Landing tragic landslide took the lives of 4 residents and several homes and the deadly mudslide in 2014 in Oso, Washington, where the State allowed logging on the plateau above the slope took the lives of at least 49 people and many homes. Please contribute what you can so that we can prevent such a tragedy in our community.
We appreciate the contribution the students' summer employment selling raffle tickets and distributing educational materials throughout the summer at community events, made possible with Regional District of Central Kootenays, Area H Discretionary funding.
The Directors wish you a safe holiday season and thank you for your continued support.
If you would like further information please visit our website by Source Media Arts www.perryridge.org or 604-259-0996.
The Perry Ridge Water Users Association and the Sinixt Nation will host a pancake breakfast from 9:00 to noon at the Passmore Hall in the Slocan Valley. There will be a sale of gifts and a craft corner for children to celebrate the season. It is by donation and the funds will go to help fund Dr. Lee Benda's work on Perry Ridge.
The Association is privileged to begin work with Lee Benda, Phd, Terrain Works, from the United States. Dr. Benda was appointed to the Federal Science Advisory Board in the US – "Connectivity of Streams and Wetlands to Downstream Waters." Dr. Benda has agreed to do an independent assessment of the government studies of the BC Timber Sales areas of interest, particularly the two areas of interest at the north end on the ridge top above Jerome, Nelly and Avis, The BC Timber Sales Hydrology study and terrain studies should be finished shortly and will be forwarded to Perry Ridge Water Users Association. (Google search Dr. Lee Benda for more background information on his professional work).
Donations will help secure needed additional funding for Dr. Benda to come to the valley and do field work on the Areas of Interest and assess the safety issue. Dr. Benda has volunteered to do a public presentation when in the valley this coming spring. His presentation will be on the tragic and predicted Oso Mudslide in Washington State. Dr. Benda, has stated that harvesting can increase soil water "on the order of 20 to 35 percent".
sharing an early morning breakfast to folks on their way to do their gift shopping, and an opportunity to purchase gifts that were donated to the fundraiser.
Many local groups and individuals who have supported the Sinixt in the past need to be reminded as well that both the CCT and the ONA intervened on the local Sinixt Perry Ridge Supreme Court of British Columbia legal case. Both the CCT and the ONA stood against the Sinixt and their attempt to protect the water and the land. They are not from here and have no interest other than resource extraction and money.
To: Marilyn Burgoon (Private Informant – Fisheries Act Charges – Jet fuel spill into Lemon Creek July 2013) - the story in the Valley Voice by Jan McMurray (below) is well done. It is a good summary of what the public must know versus what government would prefer not be considered nor discussed.
In order to allow these essential citizen charges to stay alive one has to apply political pressure on the BC AG Anton, Minister Polak and Premier Clark to allow this case to go to court. They are not to enter a stay of proceedings or just take over the case and let it die in the courts as is the common practice by the AG on such matters. Since I promoted two private informant cases in 1980 (both successfully prosecuted by Federal DOJ) the AG in cooperation with the Federal DOJ has obstructed most citizen cases. The BC Environment minister of the day called citizens that lay such private informant charges "vigilantes". Such cases are most often obstructed by government because they most often make the government look bad because this shows the environment agencies again were not doing their job!
If the BC AG does not show the leadership to allow this case to proceed or take over the case and prosecute it properly one should look to the Federal Office of the Public Prosecutor to prosecute the matter. This case is a clear and flagrant violation of the Fisheries Act and DFO and EC have demonstrated a total lack of willingness or ability to enforce the Federal Fisheries Act. Until Mt. Polley tailing dam rupture, the Lemon Creek spill was was one of the most extreme pollution cases seen in BC in the past several years. Despite what government bureaucrats may say, there is abundant evidence to prosecute the case successfully. I have been involved as an expert witness in over 100 prosecutions of this type across Canada (many for the BC AG) in the past 40 years and this is one of the most clear cut cases I have seen.
What makes this flagrant spill so unacceptable is the massive impact on a BC river and community in the face of government denials of what their job is and then pretend they are doing a diligent job. Why would agencies like BC MOE, DFO and EC do everything to get off the backs of polluters and literally let them get away with such criminal acts? The Premier and Prime Minister should be embarrassed to not set a better standard of what is to be tolerated in our waterways. If they have a single concern for our environment versus an unbalanced agenda of jobs and economic prosperity they must address what happened to Lemon Creek and the Slocan River. There is no economic prosperity in destroying our rivers.
Finally, letters have to go to Federal Environment Minister Leona Aglukkaq and Prime Minister Harper. As they neutered environmental legislation they bragged about higher fines and better enforcement. How can that occur when no real enforcement is taking place across Canada? They have to firmly direct DFO and EC to simply do their job – especially after grand promises of doing a better job to protect the environment and key fish habitats that support commercial, aboriginal and recreational fisheries in Canada.
I have also sent this to the key politicians that should be monitored on this matter and copied to those that should hold them accountable.
If you can get your family on their own computers to vote yes. That will increase it. Our outreach has put us ahead but would like to see it stay that way for tomorrow's edition.
The next court date is scheduled for October 16 in Nelson. It is a "fix-date" and it may be in camera. Basically what we expect to happen at that time is that the lawyer for the Public Prosecution Service of Canada ("PPSC" – which is the federal crown) and Lilina Lysenko will provide the court with an estimate of how many witnesses we expect to have at the process hearing, and provide the court with a time estimate on the process hearing. Then the matter will be adjourned to an appropriate date in probably early November for the actual process hearing to occur.
Jet Fuel discharged into Lemon Creek and entering the Slocan River and Kootenay River killing fish and harming aquatic ecology July 26, 2013 has resulted in charges being laid under the Fisheries Act, by long time Slocan Valley resident, Marilyn Burgoon.
Subject to subsection (4), no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water.
Ms. Burgoon states: "Jet fuel is definitely a deleterious substance and the 33,000 litres that spilled into the creek on July 26, 2013 killed many fish. In the report written by SNC Lavelin (worked for the company to do the clean –up) they admitted to collecting 261 dead fish. Local residents have dead fish in their freezers and the clean-up crew was directed to throw dead fish, animal and bird carcasses back into the river. Therefore the exact count will never be known.
Burgoon's lawyer, Lilina Lysenko and Ms Burgoon met with an Environment Canada official and followed up with e-mails but the Department still has not taken any action.  Ms. Burgoon was advised that although Environment Canada also has jurisdiction to investigate and prosecute, the Province was the lead in this investigation. Subsequently, a Ministry of Environment spokesperson provided comments to the Nelson Star in an article on the Lemon Creek Fuel Spill. The Star reported that "a Ministry of Environment spokesman told the Star he wasn't aware of any charges being contemplated against Executive Flight Centre under the Fisheries Act". As a result of the inaction on the part of both levels of government, with help from the West Coast Environmental Dispute Resolution fund Ms Burgoon has filed a private prosecution.
Because of the severity of the incident, the disturbing trend in British Columbia over the past couple years of toxic spills by corporations and the unwillingness of government to hold polluters accountable it is up to citizens to lay charges and be the voice for creatures that have been the victims of this violation of the Fisheries Act.
Destruction into head water areas continues as residents continue opposition and fear valley bottom landslides.
Road leads into headwaters of Hird Creek.
It is clear from the photos below that the clean streams on both the west and east side the ridge must not have increased sedimentation into them in order for them to flush the river system clean. The current license does not address this important function of the water draining from the ridge.
Road building puts water at risk!
Why have Slocan Valley residents good reason to be concerned about logging on Perry Ridge, read this article and you'll find out they have every good reason to be!
One hell of a mess with many dead and many still missing, Snohomish County Landslide March 2014. The impact of such a ecological disaster is going to effect the County for decades to come! Dear Snohomish County residents we offer our condolences.
We are attaching a letter Perry Ridge Water Users wrote to you and your government in 2012 after the Johnsons Landing tragic landslide. In light of the Snohomish, Oso, Washington State, recent tragic landslide your government should remove Perry Ridge from road building and cutting due to the real possibility of ground water saturation and a similar landslide occurring from Perry Ridge. It is time to halt the work that is proceeding on the ridge and any future tree removal and road building due to climate change resulting in acknowledged increased rainfall.
We have been lobbying the BC Government since 1997 to protect this area as there have been landslides on Perry Ridge and yet BC Timber Sales continues road building and logging into unstable areas. It is also well documented that logging and road building increase the risk of landslides approximately 10 x! Given climate change and the increased rainfall we fear a major landslide and the loss of life, limb and property.
BC does not have the necessary hazard mapping and continues to allow development into hazardous areas.
The history of landslides in this area is well documented. Lives have already been lost Due to the fire on Benninger Creek, on Perry Ridge,the Ministry of Forests has admitted that since the trees are gone and there is slash and debris, there is now the potential after heavy rainfall for a debris flow into the creek. Our members on Benninger Creek have been advised in writing by Terrain Specialist Peter Jordan, BC Government, to be prepared to evacuate should there be heavy rainfall.
We are again reminded of how horrible a landslide such as the recent one in Oso is. Apparently it was an unstable area and as a result of the heavy rainfall the groundwater saturated the land.
There are no ground water studies on Perry Ridge and road building could easily intercept this water and increase the risk to residents.
The Perry Ridge back road is the school bus route for many children and they would also be put at risk.
It is the government's responsibility to protect the citizens, please take this responsibility seriously and do not allow a landslide, similar to the recent Washington State tragedy to occur to the citizens that live at the base of Perry Ridge.
Please review this file and make the decision to protect the residents that live below this identified unstable landform.
We have attached a list of websites regarding the Washington State landslide so that you can appreciate how terrible such an event is.
Your immediate attention to this matter is urgent so that our homes and lives are not put at increased risk.
The Association is resending our letter of 2012 after the tragic Johnson's landing landslide along with a letter of today's date " Snohomish Follow up" along with a list of websites regarding this tragedy in Washington State. Our membership continues to fear such an event from the landscape above our homes, especially since removal of trees and the resulting ground water saturation. This is an urgent matter as a result of climate change and the acknowledged increased rainfall.
For a more complete update on Perry Ridge please visit our website at www.perryridge.org. You will see that the Association continues to work hard to protect the Perry Ridge watersheds. Also check the Sinixt Nation website at: www.sinixtnation.org. The Sinixt have been protecting the ridge all summer and continue their Cultural Occupation Camp on the Perry Ridge road, where it meets the Little Slocan Back road outside of Slocan City.
Due to the fire on Benninger Creek, the Ministry of Forests has admitted that since the trees are gone and there is slash and debris, there is now the potential after heavy rainfall for a debris flow into the creek and our members have been advised by Terrain Specialist Peter Jordan, BC Government, to be prepared to evacuate should there be heavy rainfall. This summer when fighting the fire, the MOF dumped thousands of gallons of fuel spill river water on the headwater areas for about a week after the spill. We would like to have a soil test done but funding a helicopter and taking a soil test is very costly. We are concerned about the runoff into Benninger and possible ground water contamination.
The warning of a debris flow after the fire, unlike logging, is without the added impact of road building. The Association continues to hold the position that this potential for damage downstream and the increased risk to our homes from logging and road building is not acceptable to our members, who will suffer the consequences.
The Association brought in Otto Langer as the keynote speaker at the BC Rivers Day Event. Otto E. Langer – age 67 – BSc(Zool) and MSc in fishery biology (UofA). Fisheries Biologist and Aquatic Ecologist. We were honoured that a professional of his caliber came to our small community to give us support and demonstrates that the hard work of Perry Ridge Water Users Association is known and appreciated beyond the Slocan Valley.
Mr. Langer has worked for DFO and DOE for 32 years as habitat protection, water quality biologist and manager specializing in salmon habitat protection programs. Organizer of the Assoc. of Prof. Biologists of BC and was President of the group. He has been qualified as an expert witness on over 100 pollution and habitat destruction court cases in Canada from the Arctic to Newfoundland to Vancouver Island. Main area of work was in BC and the Yukon and to a greater degree the Fraser River and its estuary.
Have published or directed many studies relating to the protection of the Fraser River and its Estuary and pioneered the use of the concept of no net loss. Was the author of the red, yellow and green habitat color zoning system that is used to protect the Fraser River Estuary and adapted to many other habitat management programs in Canada.
After leaving government in 2002 joined the David Suzuki Foundation (2001 to 2006) and formed their Marine Conservation Program. Have been retired for past 6 years due to health issues but do much volunteer work for many conservation causes including jet fuel issues for VAPOR, Fraser River Gravel Stewardship Committee (Chilliwack), in situ oil sands issues in Alberta, advisor to the London UK based Marine Stewardship Council (2001-2010), BC Marine Conservation Caucus etc. and had legal standing before the Cohen Inquiry on Fraser River declining sockeye stocks.
Outstanding achievement award from BC Assoc. of Prof. Biologists 1994.
2001 Staff selection as best manager in DFO.
Thank you to Craig Pettitt of the Valhalla Society, who at the request of the Association, generously gave his time and accompanied Mr. Langer to the Lemon Creek spill site during very wet weather. (See attached article). Mr. Langer's presentation: Rivers Mountains, Fish, Wildlife, Beautiful British Columbia & Jet Fuel. – http://youtu.be/rUIh0xmTAJ4 or can be accessed through the Perry Ridge website at: www.perryridge.org.
Mr. Langer stated that the headwaters of the creeks and the clean water from the creeks are extremely important to the river recovery from the fuel spill. Intact forested headwaters are also very important areas to our domestic water sources, both in terms of preventing landslides and protecting the water sources in the dry summer months. There is still no precipitation data for the ridge. Global warming brings more torrential rains and is creating landslides and washing out logging roads. It is more important than ever to have a Judicial Review of BC Timber Sales faulty planning and its associated risks to residents downstream. Van Tuyl landslide, which tragically took the life of a local resident, is an example of what heavy rains can do in the Slocan Valley on previously logged areas.
We continue to look for funding to do a Judicial Review given the new information regarding headwaters and their flow into the main stem of the river to help recover from the fuel spill.
This letter is a brief summary of some of the work done over the last year and since 1983! We have a dedicated Board of Directors who gather information, fundraise and work for justice in our community. It is important to continue writing to the government to let them know that there is new information that is not being considered and that it is time to use the precautionary principle and protect the headwater areas of Perry Ridge and halt all road building and logging. These are difficult times for the environment in BC and funding is needed to keep up our work to protect our homes and our water.
There are many causes to donate to at this time of year but we believe that there is nothing more important than water. Without protected water we will face an even more difficult future.
If you are in a position to donate we would appreciate your help to protect the value of your water, your homes and your community. We understand that many families are financially challenged at this time of year and understand if you are unable to give at this time. There is a pay pal account accessible through the website and you can donate any time of year.
We would like to thank all of our members, the Sinixt Nation, the many environmental groups, our website manager and the many volunteers who regularly help at our fundraising events, for their dedication to the work of protecting water, wildlife and culture.
Our Directors wish you a safe, peaceful holiday and all the best to you and your family in the New Year. We look forward to 2014 being the year we celebrate with the Sinixt Nation the full protection of Perry Ridge and its many values.
PS: We are presently redesigning the Perry Ridge Letterhead as the present letterhead takes up a huge amount of ink to print and in order to save money we feel that a line drawing design would be more efficient. If anyone has a creative idea for a simple design we would be pleased to consider it.
The "major failure" of a pit at an Alberta coal mine has released one billion litres of contaminated water into the Athabasca River.
Rain Related slides at North end of Perry Ridge turning Slocan River muddy. Here are some over head snap shots showing the situation.
As per your request through Dwain Boyer, I am forwarding to you the info and pictures that I took on my flyover to check on what caused the muddy waters in Gwillim and Mulvie creeks that flow into the Slocan River.
The call came from the Village of Slocan as their water treatment plant was affected and we found that the Mulvie Creek slide brought down more sediment and affected the Slocan River more that Gwillim Creek.
Both slides were rain related that were in the very back basin of both creeks in natural slide areas and were clear into the rocks above.
Picture 010 is slide into Gwillim Creek and Picture 067 is the confluence into Slocan River.
Picture 048 is slide into Mulvie Creek and Picture 063 is the confluence into Slocan River.
Pictures are not the best due to weather.
As a note Lemon Creek was running clean and Wilson Creek in Roseberry was dirty as well.
A class action was filed yesterday against the Province of British Columbia and the corporate entities operating as Executive Flight Centre ("the Action").
A copy of the filed Notice of Civil Claim is attached with this press release.
The Action is brought by a Slocan Valley resident, Robert Kirk, on his own behalf and on behalf of a class of persons who own real property within the defined "Evacuation Zone" – an area of three kilometers on either side of Lemon Creek and the Slocan River; from the junction of highways 3A & 6 at South Slocan to three kilometers north of Lemon Creek.
The Action alleges negligence and nuisance on the part of the Defendants.
The lawsuit alleges that, subsequent to the Spill, from July 28, 2013, to July 31, 2013, the Province used helicopters to supress the Perry Ridge forest fire with fuel-contaminated water from the Slocan River, thereby further exacerbating the harm.
The lawsuit seeks relief set out at paragraph 94 of the Notice of Civil claim, including an order requiring the Defendants to meaningfully consult the Plaintiff's independent environmental scientist with respect to ecological monitoring and remediation.
The Representative Plaintiff, Robert George Kirk, owns and resides on a 51-acre property on the east riparian bank of the Slocan River, approximately 6 km south of Lemon Creek.
Approximately 45 acres of the Kirk property consists of wetlands within the flood plane of the Slocan River.
Kirk worked for 37.5 years as a machinist with Tek Cominco in Trail, BC, before an injury left him incapacitated with a broken neck without paralysis.
In his retirement, Kirk has made a daily habit of walking his property, enjoying the beavers, ducks, frogs, turtles, muskrats, blue herons, osprey and various other birds that have made a nesting ground and habitat out of his marshland.
Kirk's dwelling is 15 meters from the Slocan River. At 5:00am on July 27, 2013, he awoke with a headache and sore throat to the sound of his horse coughing. He found an evacuation notice that had been posted on his door. A pool of fuel had accumulated in a Slocan River back-eddy just south of his barn. It remains there today, with the addition of an orange flag placed by authorities.
Since the Spill, Kirk has observed the complete absence of wildlife from his property, except for a duck and blue heron that have turned up dead. Fuel is adhering to grass on the riparian bank of his property, rendering it a lethal habitat for Wildlife.
The media is requested to direct inquiries of Kirk to his representatives, the Perry Ridge Water Users Association and his legal counsel, David M. Aaron.
The Perry Ridge Water Users Association is a society incorporated under the laws of British Columbia with its offices in the Slocan Valley. It has represented local water users on environmental matters, including litigation, for 30 years.
It is expected that the Defendants will receive service of the Court documents today.
Five photos ("the Photos") are posted on the above-referenced Facebook site by Jim Ross. They are labelled as "Official Plaintiff Photos".
The media is authorized to publish the Photos – they are taken by Robert Kirk of/at his property. Captions attached are quotable statements by Mr. Kirk.
Robert Kirk requests that the media refrain from publishing his home address. He is retired and recovering from an injury and the maintenance of his physical privacy is essential to his well-being.
Perry Ridge Water Users Association continues to oppose the increased risk to the creeks, homes and the Slocan River and the Little Slocan River.
For the reports please contact marilynburgoon@hotmail.com and she will forward by e-mail to you.
Thank you for your e-mail. Perry Ridge Water Users Association would like to have the reports you have completed for the roads and the Areas of Interest that the road accesses. As you know the Perry Ridge Water Users Association does not accept the risk of logging and road building that increases the risk to our homes and we would like to see the reports to be sure that our safety is not at risk.
As per your request below, I have attached the assessments completed to date for this road construction project. Note: Perry Ridge M/L is referred to by its FSR name/# in the AOA (i.e. ARPL Little Slocan-Perry Road 7777.03).
Note: Perry Ridge 11000 is referred to as 7777 Branch 5000 in the AOA.
A slide show of aerial photos, Perry Ridge in the Slocan Valley BC 2012. As the photos show it was a very high year for the Slocan River, resulting in high debris and sedimentation. These beautiful birds eye views were shot from an ultra light by photographer Lucas Jmieff for PRWUA…Enjoy!
Seasons Greetings from all of us at Perry Ridge Water Users !
The Technical Review Team for this landslide includes Mr. Peter Jordan and Mr. Dwain Boyer (landslide specialist and hydrologist with FLNRO).
In 1999 Mr. Boyer and Mr. Jordan authored the Perry Ridge Risk Assessment and set a lower standard for risk assessments than required internationally and by municipal governments. Mr. Jordan and Mr. Boyer's report says moderate risk is NOT a significant issue. Moderate risk can include the destruction of a single residence or serious injury to a person. Jeopardizing the safety of homes and families for logging is setting a precedent all over the province.
Even low risk include a moderate chance of an event with the following consequences: destruction of private roads or outbuildings; serious damage to a single residence or commercial building, outbuildings, public roads, utilities or agricultural land; minor damage to multiple residence or commercial buildings.
In many cases, getting to low risk areas requires roads crossing moderate and high risk areas. In the Perry Ridge risk assessments, cumulative damage to the creek beds and river system was not an issue at all!
Sedimentation bars are already visible through Google earth of the sediment load coming into the Slocan River from Lemon Creek and the Little Slocan.
In reference to the Cascade Creek plume into the Lardeau River, Dr. Salway states, "A similar plume could enter the Slocan and/or the Little Slocan Rivers, not only impairing fish habitat, but also affecting important archaeological sites (Sinixt Concentration" map). (Dr. Goodale's 2009 Slocan Narrows Report.
This letter was copied to Mr.Berni Eigelshoven* of Valhalla Realty, Martin Carver MoELP, MoTH Kurt Edmonds and to the Area Director at the time Mr. Eric Nygren. . Nanaimo, Pemberton Lillooet Regional District and other municipalities are now doing planning with hazard mapping in place on private land and public lands. *Mr.Berni Eigelshoven died in one of the two landslides from Van Tuyl Creek in the Slocan Valley in May 2008. Summary page from the report identifies the government's redirecting water from logging and road building to mid creek as the #1 cause of the slide. We forwarded to you the summary page from the Van Tuyl Landslide report in our previous letter. See attached Nelson Star article "Where to point fingers".
The citizens of this province require engineers and scientists who uphold this serious Code of Ethics, more now than ever with the impact of climate change and its associated intense rainfall as in the case of Johnsons Landing.
Major tragic landslide events often start small but have catastrophic effects as we observe the grief and losses of the community in Johnsons Landing. The municipalities and the province must understand the linkage between Crown land and private land on the valley bottoms where we live and realize the consequences would be the same as the losses in Johnsons Landing. In the case of Perry Ridge, even with the substandard risk assessment, identifies over half of the ridge as unstable.
The landslide at Johnsons Landing, according to Mr. Jordan, landslide expert, was not predictable, even from air photos. Even in areas of predictability i.e. high and moderate in Mr. Jordan and Mr. Boyer`s Perry Ridge Risk Assessment for Crown Land, the government of BC has been unwilling to remove the area from the annual allowable cut. Perry Ridge clearly is an area that requires the remaining landscape on the ridge to be removed from the cut to protect the residents.
Our homes are below the fragile landscape on Perry Ridge and it is the residents who will suffer the devastating consequences should a mass failure occur. We DO NOT accept the increased risks of logging and road development.
The solution is simple – remove the remaining landscape on Perry Ridge from the annual allowable cut and protect our community and save taxpayer dollars. (See our previous letter re: costs).How many more deaths do citizens in BC need to lose before your government realizes and acknowledges that unstable areas in and around homes should not be developed.
A plugged culvert in the backcountry does not have the same consequence as one that creates a landslide that rips at inescapable speed down the mountainside to the valley below where we live.
Tragic Johnson's Landing Slide leaves four dead.
Contrary to what this article in the Vancouver Sun states regarding predictability of landslides, there is definitely something that can be done and the government of BC has been advised for years that it is a necessary part of planning and that is hazard mapping.
In 2000 the Perry Ridge Water Users President Marilyn Burgoon attended a meeting with a geotechnical team to advise the then BC Government Minister of Environment about the high risk of road building and logging Perry Ridge. The team included, Dr. June Ryder, Mr. Frank Baumann, P. Eng, Trevor Jones, P. Eng and Hydrologist Allen Isaacson. The submissions are posted below. Mr. Baumann at the time informed Minister Joan Sawicki that there was a need for Hazard Mapping to prevent just such events as occurred at Johnson's Landing. Mr. Frank Baumann's firm also wrote to the RDCK advising them of the need for hazard mapping as far back as early 90s. To date this has not been done and Mr. Baumann has stated in the media that the Johnson's Landing could have been prevented with the assistance hazard mapping.
It is unacceptable to allow development, whether home building or industrial development in the absence of hazard mapping throughout the region.


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Now for the next installment in my Bissell Brothers journey. On a recent trip to Maine for the Swish release, I grabbed my allotment of their highly-coveted DIPA that is giving the rest of New England a run for its money in the IPA world. This part of the country is currently home to some of the highest-rated beers on the planet and Bissell Bros. will need to fire on all cylinders if it wants to be mentioned in the same breath as Tree House, Trillium, Hill Farmstead, Lawson's, and many, many more.
Pours a murky, unfiltered light orange with no light getting through this thing at all. Almost no head to speak of as an aggressive pour generated less than a finger's worth.
The aroma reminds me a lot of Trillium IPA's with touches of grass, but an overpowering presence of tropical juices and orange sherbet.
Tangy orange juice up front on the taste which is quickly kicked to the curb in favor of bitter, grassy hops. Then boys and girls, it switches back to the fruit juices with peaches and mango. There's even a dry, wheaty taste to this which adds some lighter flavors to allow the beer to ease up on the explosion of tropical goodness. On the transition to the finish, dank, weed-like hops cover the back of the tongue and leave a sublime aftertaste.
Mouthfeel is medium and exactly what you'd expect from the style. As a DIPA, it is refreshing with no indication that it is syrupy. Another plus is the absence of any alcohol sting, but it does come up a little flat as carbonation is hard to come by.
Swish is an excellent entry into the repertoire of New England IPA's and is another example of why Maine is starting to become a force in the craft beer world. It has the drinkability of a single IPA, but packs in an explosion of citrus and dankness which will have you comparing it to the best beers available in the Northeast. Speaking from experience, if you are willing to make the drive to Maine to get Swish, it is worth it as the wait is still relatively reasonable when compared to the likes of Tree House. You can show up an hour early and still see a small line gathered outside and Swish seems to last all day. As one of the most sought-after DIPA's in New England, it is still easy to obtain if you want to make the trip and not deal with an absurd crowd.


Have you ever wondered what the file structure was for a certain MAS90 or MAS200 table? You can alway view this from within the Resources tab of your Sage MAS90 or MAS200 system. However there is another way to see this information when you aren't in front of your accounting system.
Sage Software publishes two data dictionaries which are free and available online with no login.
From the View menu, click View Tasks.
From the Tasks panel, click Resources.
In the Resources window, click File Layouts and Program Information.
From the Contents tab, double-click any of the help topics, which are listed below.
Cross Reference Information. This topic also includes Old File Names to New File Names Mapping and Old Field Names to New Field Names Mapping.
Is there one for MAS90 4.05?
There is a 4.05 (and below) data dictionary. Unfortunately it requires logging into the Sage Online Support Center so I'm not able to directly link it here.


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text:
Q: Bindsym fails on a rofi script but bash sh works. How differently does bindsym exec and bash sh work? So the script itself works quite well but when I try to open it by bindsym then it doesn open and rofi itself just doesnt work anymore and I have to kill it.

bindsym $mod+c exec /home/scripts/gpaste.sh
and nothing happens

Then if I try to run the script get this manually
(process:24274): Helper-WARNING **: 21:59:52.297: Failed to set lock on pidfile: Rofi already running?

(process:24274): Helper-WARNING **: 21:59:52.297: Got error: -1 Socket operation on non-socket

So I need to kill rofi by htop.
If I run the script in terminal I get it work and rofi opens up a correct menu.
The script (that I found and tried)
#!/usr/bin/env bash

line=gpaste-client --oneline | \ rofi -theme Adapta-Nokto -dmenu -i -p gpaste -kb-custom-1 Ctrl+x $@
exit_code=$?

index=echo $line | cut -d ':' -f1
if ! [[ $index =~ ^[0-9]+$ ]]; then
exit 0
fi

if [ $exit_code == 0 ]; then
gpaste-client select $index
elif [ $exit_code == 10 ]; then
gpaste-client delete $index
fi

Why might it be working like this?

redpajama_set_name: RedPajamaStackExchange


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A gestational surrogate is not genetically related to the child. The egg from the intended mother (or egg donor) and the sperm from the intended father (or sperm donor) are mixed and the embryos are implanted into the gestational surrogate. Other embryos can be frozen to be used later. Based on current South Carolina law, Brinkley Law Firm assists intended parents by preparing surrogacy agreements that will later help secure the intended parents' legal rights. Currently, there are no provisions in South Carolina law regarding surrogacy, but the limited case law indicates an acceptance of surrogacy contracts.
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text:
Nigeria: Former Gombe state revenue executives stand trial for $129,000 fraud
By FccedReporter
The EFCC, Gombe zonal office, on Monday arraigned four suspects, namely Aishatu Yakubu, Mohammed Mohammed, Wesley Audu and Mijinyawa Labaran before Justice Nehizena Afolabi of the Federal High Court, Gombe on 25 counts bordering on conspiracy, obtaining money by false pretence and money laundering.
The defendants were former executive director, Admin and Finance; executive director, Tax Operation; executive director, Tax and Audit and executive director, Non-Tax Operations, who allegedly connived to pay allowances and benefits that amounted to N47m without government's approval.
All the defendants pleaded not guilty to the charges.
The prosecution counsel, A.Y. Muntaka, applied to the court for a date to commence the trial.
The defence counsel, Habu Abdu, sought the leave of the court to move the bail application of his clients, which was granted by the judge.
In his ruling, Justice Afolabi granted the defendants bail in the sum of N15m each and two sureties in like sum.
($1 = N364.21)
Original article on punchng.com

redpajama_set_name: RedPajamaCommonCrawl


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