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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Victoria’s Royal Jubilee Hospital took in two COVID-19 patients from Northern Health as part of a provincial agreement. (Black Press Media file photo)
Victoria hospital takes in two COVID-19 patients from Northern Health

Royal Jubilee Hospital takes patients as part of provincial transport network

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers. This is where several employees are isolating after a COVID-19 outbreak was declared on Nov. 19. (Photo courtesy of LNG Canada)
52 positive COVID-19 cases now associated with LNG Canada site outbreak

Eight cases still active, 44 considered recovered

Northern Health announced on Dec. 1 holiday changes to the medical travel bus schedule for December and January 2021. (Photo: supplied)
Holiday schedule changes for Northern Health Connections bus

N.H. announces transportation time changes from Prince Rupert to Prince George

A Water Quality Advisory is still in affect on Dec. 1 in Prince Rupert after being in place for a month. (Black Press file photo)
Water Quality Advisory still in place for Prince Rupert

High turbidity is creating risky drinking water in Prince Rupert

Provincial health officer Dr. Bonnie Henry updates B.C.’s coronavirus situation at the legislature, Nov. 30, 2020. (B.C. government)
Hockey team brought COVID-19 back from Alberta, B.C. doctor says

Dr. Bonnie Henry pleads for out-of-province travel to stop

B.C. Premier John Horgan on a conference call with religious leaders from his B.C. legislature office, Nov. 18, 2020, informing them in-person church services are off until further notice. (B.C. government)
B.C. tourism relief coming soon, Premier John Horgan says

Industry leaders to report on their urgent needs next week

An RCMP cruiser looks on as a military search and rescue helicopter winds down near Bridesville, B.C. Tuesday, Dec. 1. Photo courtesy of RCMP Cpl. Jesse O’Donaghey
B.C. Mountie, suspect airlifted by Canadian Armed Forces from ravine after foot chase

Military aircraft were dispatched from Comox, B.C., say RCMP

An 18-year old male southern resident killer whale, J34, is stranded near Sechelt in 2016. A postmortem examination suggests he died from trauma consistent with a vessel strike. (Photo supplied by Paul Cottrell, Fisheries and Oceans Canada)
“We can do better” — humans the leading cause of orca deaths: study

B.C. research reveals multitude of human and environmental threats affecting killer whales

A logo for Netflix on a remote control is seen in Portland, Ore.,Aug. 13, 2020. Experts in taxation and media say a plan announced Monday by the government will ultimately add to the cost of digital services and goods sold by foreign companies. THE CANADIAN PRESS/AP-Jenny Kane
‘Netflix tax’ for digital media likely to raise prices for consumers, experts say

The government says Canadian companies already collect those taxes when they make digital sales

BIG SALMON ranch in Washington State. (Center for Whale Research handout)
Non-profit buys Chinook ranch in hopes of increasing feed for southern resident killer whales

The ranch, which borders both sides of Washington State’s Elwha River, is a hotspot for chinook salmon

Gaming content was big on YouTube in 2020. (Black Press Media files)
What did Canadians watch on Youtube during isolation? Workouts, bird feeders

Whether it was getting fit or ‘speaking moistly,’ Canadians had time to spare this year

Most Read