Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)

Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)

Provincial high court upholds new trial for two managers after spill at northwest B.C. mine

A date for a new trial has not been set

A new trial will go ahead for two senior executives of a now-closed gold mine in northwestern British Columbia.

B.C. Court of Appeal Justice Lauri Ann Fenlon issued the decision Thursday after rejecting appeals from Benjamin Mossman and Dirk Meckert.

The two opposed a lower court order overturning their acquittals on charges related to a 2015 spill from the Banks Island Gold site, which is also known as the Yellow Giant mine, 120 kilometres south of Prince Rupert.

Mossman’s two convictions and $15,000 fine for minor offences relating to the spill were also set aside by the court.

The men argued unsuccessfully that the B.C. Supreme Court judge who ordered the new trial in February made several errors and used the wrong framework to assess alleged charter breaches.

The Yellow Giant mine closed in 2015, shortly after enforcement officers from Environment and Climate Change Canada said waste from the operation had been found in the woods and wetlands surrounding it.

Court documents show Mossman was the president, CEO and manager of the gold and silver mine, while Meckert was the chief geologist and assistant mine manager.

A date for a new trial has not been set.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Court

Just Posted

“Skeena,” by John Hudson and Paul Hanslow is one of five fonts in the running to become the default for Microsoft systems and Office programs. (Black Press Media File Photo)
Font named after Skeena River could become the next Microsoft default

One of the five new fonts will replace Calibri, which has been Microsoft’s default since 2007

B.C. Labour Minister Harry Bains in the B.C. legislature, May 13, 2019. (Hansard TV)
VIDEO: B.C. to provide 3 days of sick pay for COVID-19 absences

Province will support employers on cost, labour minister says

Children walk back to their classroom while wearing masks and physical distancing at St. Barnabas Catholic School in Scarborough, Ont., in October, 2020. A group of B.C. teachers has issued an open letter calling for the relaxation of non-pharmaceutical interventions for children in B.C. schools. (Nathan Denette/The Canadian Press)
Group of B.C. teachers calls for easing of pandemic measures for students

Teacher group says ‘response to COVID is out of balance to the cost our youth are paying’

Adam Hamdan has been living in Christina Lake since November 2020. Photo: Laurie Tritschler
Man acquitted on terrorist charges given temporary residence in Canada

Adam Hamdan had been facing deportation to Jordan, where he holds citizenship through his Palestinian parents

Lumber is shown in the back of a van in this recent image provided by the Saskatoon Police Service. The skyrocketing prices for lumber is fuelling a trend that has authorities across the country warning builders to keep their guard up. THE CANADIAN PRESS/HO-Saskatoon Police Service-Const. Derek Chesney *MANDATORY CREDIT*
‘It is a gold mine:’ Builders warned of rising lumber thefts across Canada

Many North American mills curtailed production temporarily earlier in 2020 because of COVID lockdowns

RCMP. (Black Press File)
Major Crimes called in after 2 bodies discovered on remote road near Penticton

A manhunt involving a police helicopter took place on May 10

Vancouver court on Tuesday, March 23, 2021. THE CANADIAN PRESS/Darryl Dyck
Defence lawyers call foul as Crown counsel granted access to COVID-19 vaccines

Defence attorneys are pushing the province to extend inoculation access to workers in courtrooms across B.C.

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

The RCMP logo is seen outside Royal Canadian Mounted Police “E” Division Headquarters, in Surrey, B.C., on Friday April 13, 2018. Indigenous leaders are calling for an investigation into the conduct of Mounties on Vancouver Island after two police shootings of members of a small First Nations community in three months. THE CANADIAN PRESS/Darryl Dyck
Indigenous leaders call for clarity, investigation into RCMP after B.C. shooting

The RCMP declined to comment on the requests by Indigenous leaders

Colleen Price, Vancouver Island University’s bachelor of science in nursing program chairperson, says she is impressed with how students have persevered through the COVID-19 pandemic. (Chris Bush/News Bulletin)
Next generation of B.C. nurses already showing resilience

University program head says learning had to be adjusted amidst pandemic

Most Read