Woman to lead 'unusual' private prosecution in tainted water supply case

A Harrietsfield homeowner struggling with her contaminated water supply has been given the green light for an unusual legal proceeding.

Marlene Brown is leading a private prosecution under the Environment Act against two numbered companies and their owner. She is being supported by East Coast Environmental Law and Juniper Law.

Brown is one of a number of Harrietsfield homeowners who allege their water supply was contaminated by leachate from a former construction and demolition recycling plant and anauto salvage yard on the Old Sambro Road.Leachate is liquid that movesthrough a solid and leachesout some of the properties when it drains.

Case faced legal challenges

Last week, a judge heard some of Brown's evidence and ruled the prosecution could go forward. The owners of theaccused companies have now been served with summons documents.

"It is a very important step, because private prosecutions are often stopped at this stage. I think it sort of speaks to the legitimacy of this case going forward for Marlene Brown," said Jamie Simpson of Juniper Law.

This is the first time a private prosecution has been used for an environmental issue in Nova Scotia, said Simpson, noting that similar cases have gone ahead in Ontario and British Columbia.

'Unusual' case

The case has been bogged down in various related legal challenges for years, while residents are not able to use their tap water.

"Marlene, in particular, felt that she was left with very few options to see something done about the site, so that's why we've brought this unusual step of a private prosecution under the Environment Act," he said.

Simpson said a representative from the province's public prosecution service has been monitoring the case, but as yet the province has not become involved.

In April, then-Environment Minister Margaret Miller told reporters the government hopedto prosecute in the near future.

The first appearance for the accused is June 13.

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