Benjamin Mossman, 46, the erstwhile the Chief Executive Officer of the now-defunct mining company, Banks Island Gold Ltd., based in British Columbia, must pay a substantial sum of $30,000, following his conviction on 13 counts of environmental infractions pertaining to illicit waste discharges in the northwestern regions of B.C.
He was found responsible for nine instances of infringing a permit by releasing unlawful amounts of zinc or total suspended solids, coupled with four counts of violating federal mining effluent stipulations, all performed in his role as the president and CEO of Banks Island Gold Ltd.
The Yellow Giant mine, under the purview of the company, mining gold and silver, was compelled to shut down in 2015. This action was initiated after enforcement officers hailing from Environment and Climate Change Canada discovered evidence of operational waste littered in the nearby woods and wetlands of Banks Island, located south of Prince Rupert.
David Patterson, the Provincial court judge, deemed Mossman a significant figure controlling daily operation and holding the authority to enforce safety measures at the Yellow Giant mine. He added the ex-CEO wilfully endorsed the offenses by not ensuring suitable safety protocols were upheld at the mine site.
The verdict, according to Patterson, deems that the mining company’s actions had imposed a threat to the abundant resources and economy of the Gitxaala Nation, a community that contested the mine’s establishment, along with their spiritual customs.
As he deliberated the penalty, Judge Patterson factored in Mossman’s singular role as the only financial provider for his wife and two children.
Currently, Mossman, residing in California, is unemployed following a recent dismissal from his CEO position at an American mining firm, although he continues to serve on the company’s board of directors, as stated by his legal representative.
Placed at the focus of these events, Banks Island finds itself in the northwestern reaches of B.C.
The judge further noted that, while Crown prosecutors were unable to demonstrate tangible environmental damage resulting from the excessive discharges, utter disregard for the basic conditions of a mining permit cannot be tolerated.
Mossman was instructed to pay fines amounting to $27,170 and victim surcharges of $2,826 by September 26, 2028.
