FOCUS

“
IN MY OPINION it would be prudent for the Ministry of Environment
to immediately cease operations at the facility.”
—Andrew Weaver, BC Green Party
“While it is clear to me that there are no
immediate health concerns to the residents
of Shawnigan Lake from the samples I collected,
questions still remain. In my opinion it would
be prudent for the Ministry of Environment
to immediately cease operations at the facility,”
he said.
But Polak shows no sign of wavering and
said she must respect the independence of
ministry technical experts and ensure she
does not act without appropriate evidence.
“The original decision to grant the permit
was made by a ministry statutory decision
maker who is a technical expert, independent
of any political process,” she said.
A ministry spokesman said far from ignoring
complaints that the company is in non-compliance,
staff have investigated the site several
times. “To date, samples have shown no
concerns for human health or environmental
impacts,” said the spokesman.
Those on the front line, such as Sonia
Furstenau, Cowichan Valley Regional District
director for Shawnigan Lake, are not mollified
by ministry reassurances. “I want the
government of BC to understand that this
community is totally determined, totally
committed to stopping this insanity from
carrying on,” said Furstenau as she watched
a helicopter, provided by a well-wisher, lift
off from Shawnigan village, carrying contingents
of media and politicians on trips over
the landfill and quarry site.
The view from the helicopter shows the
close proximity of the site to Sooke Lake, the
source of Greater Victoria’s drinking water,
and, even though there is no evidence of
hydrogeological ties, the geography has
the potential to make other communities
uncomfortable.
“It’s actually closer to Sooke Lake than
Shawnigan Lake,” mused Calvin Cook,
Shawnigan Residents Association president,
gazing down from the helicopter at the
site, where, outside the gates, about 500
protesters waved placards while trucks sat
immobile on the approach road.
IN VICTORIA, COUNCILLORS unanimously
passed a motion in January asking
that the permit be revoked and that contaminated
site regulations and contaminated
soils permitting be amended to allow thorough
local government input, with full
consideration of local land use regulations.
However, the struggle may be decided in
the courts rather than by protests or politics.
A BC Supreme Court decision is expected
shortly on a regional district petition asking
the court to enforce zoning bylaws. In another
court action, the Supreme Court is hearing
a case brought by Shawnigan Residents
Association, expected to last until late January,
asking for a judicial review of the Environmental
Appeal Board decision. It is a case fraught
with twists and turns, some of it hinging on
whether new material is admissible.
An envelope, delivered anonymously in
July to the Residents Association, documented
a secret profit-sharing deal between South
Island Aggregates, Cobble Hill Holdings and
Active Earth Engineering Ltd, the company
that wrote the technical report for the site.
The documents allegedly show Active Earth
agreed to write the report for a 50-50 split
of the landfill’s future profits, through a
numbered company.
While Cobble Hill Holdings and Active
Earth have conceded such an agreement
existed as a method of ensuring the engineering
company was paid, their lawyers say
it was never enacted and was then abandoned.
The Province has said that site studies were
also conducted by ministerial staff.
But opponents want to know how much
reliance was placed on an engineering report
they claim was tainted. “Our stand is that
these documents were concealed from the
Environmental Appeal Board,” Cook said.
“We feel the board would have made a
different decision if they were fully aware
of all the information they should have been
aware of.”
Documents released as part of a court
order include allegations, not yet proved in
court, that former Malahat First Nation
Chief Michael Harry, who supported the
landfill, was receiving a “consulting fee per
tonne of soil.”
The documents include a February 2014
email from South Islands Aggregates co-owner
Marty Block to Active Earth engineers which
says “I am hopeful that in the future we won’t
have to deal with First Nations, but, that
being said, we must be in agreement that they
get paid first, in fact they normally hit us up
before the damn job ever starts, for example
we sent them to Vegas for New Years.”
Block, although still with Cobble Hill
Holdings, has no connection with SIRM and
has had nothing to do with the site operation
since last year, when SIRM took over
operation of the landfill from SIA.
Revelations about dealings with the Malahat
First Nation prompted Shawnigan resident
David Hutchinson to ask RCMP for a criminal
investigation, but, as is usual, RCMP
would not confirm whether an investigation
is underway
Michael Harry has since stepped down
and the new Malahat chief and council have
written to Polak expressing serious concerns
about information used to make the decision.
“We ask that you provide the Nation
with information that confirms that the
science provided by Active Earth has been
re-assessed,” says the letter signed by Chief
Caroline Harry. “If the ministry is unable to
provide the requested information or has
not undertaken an independent re-assessment,
the Nation must reconsider its position
on the permit.”
In an interview with Focus, Caroline Harry
was more blunt.
“I want the permit to be ended completely.
I see the damage this has done to Shawnigan
Lake,” she said. The Malahat appeared in
court in late January, backing residents’ appeal
for a stay of the permit on the basis of concerns
around Active Earth’s involvement.
Concerns have also been expressed by
Cowichan Tribes Chief William Seymour.
That support is heartening for opponents,
but, so far, there is no sign of a resolution or
even a truce.
“It’s only going to get bigger,” said Furstenau.
“We are not going away. We are only getting
stronger and louder over time.”
Judith Lavoie is an awardwinning
journalist specializing
in the environment, First
Nations, and social issues.
Twitter @LavoieJudith
www.focusonline.ca • February 2016
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