Mount Polley panel picked to be expert in engineering, not legal, technicalities. The blue ribbon panel team set up by the provincial government to investigate the Mount Polley mine disaster will find out what caused the tailings pond dam to collapse.
The second and critically important question, however, is what, if any, role the government of British Columbia played or should have played. In fact, this is the most important aspect, because B.C. had a longstanding legal, not to mention moral, duty which it appears from all the evidence was not fulfilled — and which, if fulfilled, may well have stopped the catastrophe from happening in the first place.
In the probe the government has set up, there is mandated virtually no investigation of the role of the mining or environment ministries. There are 14 terms of reference, 13 of which deal strictly with the collapse itself, one of which may be interpreted as giving the panel members the right to look at the government’s role if they feel so inclined.
It does not take brain surgery to recognize that this panel is unsuited to look at any regulatory role the government should have played. That’s not their bag. They are picked for their skills at investigating mining methods, not regulation enforcement.
To look at a government role and the law and regulations requires a specific sort of person, and it’s difficult to think of anyone suited other than a highly experienced lawyer or judge. To even begin to know the right questions requires a training that a scientist doesn’t, by nature, have. He or she may be highly skilled and trained, but not for this purpose.