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Cape Mudge band appeals coal-burning permit for Elk Falls mill PDF Print E-mail
By Grant Warkentin
Mirror Staff (Campbell River)
Dec 02 2005

The Cape Mudge Indian Band has filed an appeal against the Elk Falls paper mill's permit to burn coal.
"The community at Cape Mudge Village suffers from high cancer and respiratory illness rates and suspects a linkage between mill emissions and these health problems," said Band Chief Ralph Dick in a news release. "We are not convinced that the Ministry of Environment is doing as much as it could to protect the health of our community and the environment. Our goal is to see a plan for significant reductions in emissions (from the mill.)"

The band expressed concerns this fall about emissions coming from the mill, pointing out statistics show a cancer rate significantly higher among Quadra Island band members than among Campbell River Indian Band members across the water. The band believes the difference in the cancer rate could be because the Quadra Island band's village is directly in the path of the emissions coming from the Elk Falls mill.
They were concerned emissions would have an even more detrimental effect on the health of band members if Catalyst Paper's Elk Falls mill was allowed to continue to burn coal as a supplementary fuel in its main power boiler.
However, despite the band's concerns, at the end of October the provincial environment ministry granted Catalyst a permanent permit to burn coal, prompting the band to file an appeal last week with the Ministry of Environment.
"Their objection is not so much with us burning coal as to us having a permanent permit," said Carole Dodds, spokesperson for the Elk Falls mill.
The permit amendment changing the mill's coal-burning permissions from temporary to permanent was awarded despite the band's request for more time to review technical information. The band's appeal is based on the Ministry of Environment's "failure to consult with the band," says the band's press release, and takes the position that the process followed by the ministry "did not amount to meaningful consultation."
The band says the environment ministry did not fulfil its obligations to consult with the band, as laid out in recent Supreme Court decisions concerning aboriginal rights. The band is also claiming aboriginal title in areas directly affected by the mill's emissions.
"The Cape Mudge Band is not willing to sit idly by while decisions affecting its aboriginal rights, including aboriginal title, are made without meaningful consultation with the band," said band administrator Brian Kelly in the release.
Dodds said the mill will continue to burn coal - they have not yet been served with a court injunction - and pointed out that under the terms of its permit, the mill will be required to build an air quality monitoring station at the Cape Mudge band's village by April next year.
The monitoring station will be similar to others the mill has already built, including stations on Dogwood Street, at the Cape Mudge lighthouse and on the Tyee Spit.
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