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

COVID-19. (Image courtesy CDC)
COVID-19 exposure at The Key, weather shelter announced in Fort St. James

Northern Health made the public service announcement Dec. 1

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

COVID-19. (Image courtesy CDC)
Second COVID-19 exposure incident confirmed at Fort St. James Secondary

First exposure incident at the high school was announced Nov.26

MLA John Rustad with Kate Ryan-Lloyd, Clerk of the Legislative Assembly during his swearing-in ceremony. (Submitted photo)
John Rustad officially sworn-in as MLA in virtual ceremony

Official swearing-in took place Friday, Nov.27

Fort St. James Secondary School announced a confirmed incident of COVID-19 exposure at the school. (Black Press file photo)
COVID-19 exposure confirmed at Fort St. James Secondary School

Northern Health will be following up directly with anyone who is identified as a close contact

A tongue-in-cheek message about wearing a face mask to curb the spread of COVID-19 on a sign outside a church near Royal Columbia Hospital, in New Westminster, B.C., on Sunday, Nov. 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C.’s COVID-19 infection count climbs back up to 656

20 more people in hospital, active cases still rising

A man stands in the window of an upper floor condo in Vancouver on March 24, 2020. THE CANADIAN PRESS/Darryl Dyck
Change made to insurance for B.C. condo owners amid rising premiums

Council CEO Janet Sinclair says the change will mean less price volatility

The Walking Curriculum gets students outside and connecting with nature. (Amanda Peterson/Special to S.F. Examiner)
‘Walking Curriculum’ crafted by SFU professor surges in popularity

The outdoor curriculum encourages students to connect with the natural world

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

THE CANADIAN PRESS/Nathan Denette
B.C. researchers launch study to test kids, young adults for COVID-19 antibodies

Kids and youth can often be asymptomatic carriers of the novel coronavirus

A sign is seen this past summer outside the Yunesit’in Government office west of Williams Lake reminding visitors and members to stay safe amid the COVID-19 pandemic. (Rebecca Dyok photo)
B.C. First Nation leaders await privacy commissioner decision on COVID-19 information

Release of life-saving data cannot wait, says coalition of First Nations

MLA Jennifer Whiteside is B.C.’s new minister of education. She is speaking out against Chilliwack school trustee Barry Neufeld and asking him to resign. (Black Press)
New education minister calls on Chilliwack trustee to resign

Whiteside echoes former minister’s promise to look at options to remove Barry Neufeld

Peter Beckett. ~ File photo
Supreme Court of Canada to decide if it will hear appeal in 2010 wife murder trial

Peter Beckett has stood trial twice for murder in connection with the death of his wife, Laura Letts-Beckett

Most Read