Contaminated mine 'an embarrassment to Canada', says Yukon judge

A Yukon judge has delivered a strongly-worded "wake up call" to Canadian taxpayers, who are now on the hook for another expensive mine cleanup in the territory.

Yukon Supreme Court justice Ron Vealeapproved a clean up plan for the abandoned Mount Nansen mine site, last spring to be paid for by Ottawa but issued his written decision this week.

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He used the opportunity to lambaste the mine's former owner, Toronto firm, BYG Resources, for an"unscrupulous history of ... operational mismanagement" that left a big, toxic messfor governmentto deal with.

"This case stands as a painful reminder of the lasting and egregious damage that unscrupulous and unchecked profiteering can bring about in the mining sector. It is an embarrassment to Canada, Yukon and the responsible mining community," Veale's decision reads.

"It is my opinion that an account ofBYG'shistorical activity in the Yukon should be brought to the attention of the federal and territorial taxpayers, who remain fiscally responsible for remediation efforts."

'Raping and pillaging' Yukon resources

BYG began mining at the Mount Nansensite, about 180 kilometres north of Whitehorse, in 1996, but then closed shop just three years laterafter beingcharged with severalenvironmental violations (the company was guilty of "raping and pillaging" the territory's resources, the Yukon Supreme Court found in 2007).

Five years later, in 2004, BYG filed for bankruptcyand the federal government assumed responsibility for the site. Federal lawyers estimate Ottawahas spent about $20 to $25 million since then, just to monitor and control the site.

Now, the mine isfor sale to whomever is willing to take on a "government subsidized remediation project," according to Veale.

A 2011 environmental assessment at Mount Nansenestimated about 55,000 cu. metres of contaminated soil, 300,000 cu. metres of tailings and 500,000 cu. metres of waste rockat the site, allrequiring attention.

Not the first time

Veale also draws a comparison to another environmental "disaster" in Yukon the infamous Faro mine.

"[Mount Nansen] is not the first time in recent Yukon history that a mining company has conducted itself in bad faith, collapsed into bankruptcy and abdicated its responsibilities to the governments of Canada and the Yukon," he wrote.

The federal government is financiallyliable for remediation of the Faro and Mount Nansen sites because mining there happened before 2003,when Yukon's Devolution Transfer Agreement was signed. Yukon is responsible for any mining damage since 2003.

Vealesays Yukon taxpayers should take note.

"The point to be made is that the BYG disaster could happen again and the Yukon, with approximate annual revenues of $1,303,131,000, will be liable for the costs of the environmental cleanup," his decision reads.

"This case should be a wake-up call."

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