Public Service of Canada prosecutor Alexander Clarkson announced that the Crown wants to enter a stay of proceedings in relation to MiningWatch Canada’s private prosecution against the Mount Polley Mining Corporation and the Government of British Columbia over the 2014 Mount Polley Mine tailings breach near the city of Williams Lake.
In other words, the federal government is seeking a withdrawal of the criminal charges before the NGO has the chance to present the evidence it claims to have over the spill’s damages to downstream waters and fish habitat, which would constitute a violation of the Fisheries Act .
Talking to the Williams Lake Tribune, Clarkson explained the rationale behind the Crown’s request: “The first reason is because there’s no reasonable prospect of conviction against these two parties with the materials presented to us by the complainant Mr. [Ugo] Lapointe.
The second reason is because it is not in the public’s interest to continue a private prosecution at this time because there is an ongoing comprehensive investigation being conducted by three different agencies — the B.C. Conservation Officer Service, Environment Canada and Department of Fisheries and Oceans.
It is in the public interest that more comprehensive investigation be completed before a criminal prosecution.”
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