Who we are and why we're needed- Fall 2000
The Environmental Bureau of Investigation (EBI), a division of Energy Probe Research Foundation, is Canada's only citizen-based group solely dedicated to investigating pollution crimes for the purposes of criminal prosecution. Our work begins when local citizens ask for our help in stopping pollution in their community. We then meticulously and scientifically investigate the complaint and gather evidence to determine if a crime has been committed. EBI meets a need that has been unfulfilled in environmental protection; by providing investigative and technical resources, EBI allows the public to participate in the protection of community resources. We work cooperatively with other environmental law groups, pockets within government concerned about environmental protection, scientists, and academics.
After three years, we can report four cleanups and two convictions - one subject to appeal. We now have 20 investigations underway into wrongdoing by governments and corporations in Ontario, Quebec, and New Brunswick. On Sept. 18, 2000, the City of Hamilton pleaded guilty to pollution charges, charges that were based on EBI findings of toxic runoff, primarily PCBs, from a city works yard in the fish-bearing waters of Red Hill Creek, the last remaining natural creek flowing directly into Hamilton Harbour. The Ontario Ministry of Environment chose to lay public charges alongside EBI's private ones. The City was fined $450,000, the largest fine for an environmental crime ever levied against a municipality in Canada. It committed $8- to $11-million for clean-up.
In December, 1998, under charges laid by EBI, the City of Kingston was convicted of four counts of violating the federal Fisheries Act and ultimately fined $120,000. Once again, the Ministry of Environment chose to lay public charges alongside EBI's private ones, and the City was also convicted of violating provincial environmental statutes on three counts for an additional fine of $30,000. This action was the first such victory by a private environmental group over municipal pollution in Ontario. The case is currently under appeal.
With your support, we will continue to work for a cleaner environment by enforcing our environmental laws and exposing polluters and their tactics.
Who we are and why we're needed- Spring 1999
The Environmental Bureau of Investigation (EBI), a division of Energy Probe Research Foundation, is Canada's only citizen-based group solely dedicated to investigating pollution crimes for the purposes of criminal prosecution. Our work begins when local citizens ask for our help in stopping pollution in their community. We then meticulously and scientifically investigate the complaint and gather evidence to determine if a crime has been committed. EBI meets a need that has been unfulfilled in environmental protection; by providing investigative and technical resources, EBI allows the public to participate in the protection of community resources. We work cooperatively with the Sierra Legal Defence Fund, other environmental law groups, environmental professionals, and academics.
After just one year, we can report our first conviction. Following a 25-day trial, the City of Kingston was convicted on December 11, 1998 on four Fisheries Act charges laid by Janet Fletcher, an EBI advisory panel member. Mark Mattson, EBI executive director was the lead investigator and co-counsel at the trial. Doug Chapman of the Sierra Legal Defence Fund represented Ms. Fletcher as lead lawyer.
City officials knew for several years that contamination was pouring from their dump site into the Cataraqui River, but did nothing to remedy the situation. The federal and provincial governments abdicated their responsibility to enforce environmental regulations; therefore justice could only be obtained through our private prosecution.
Kingston was convicted of all four charges of releasing toxins into the Cataraqui River from Belle Park, a former municipal and industrial waste dump, now a municipally run golf course and park. The City of Kingston and its director of environment were also convicted under three of the four charges brought by the Ministry. The Kingston case was the first pollution case ever jointly prosecuted by a private citizen and the Ontario Ministry of Environment. During the five-week trial, 25 witnesses testified and 227 exhibits were presented. The City spent $1.7 million in consulting fees for their defence, and the legal costs have yet to be disclosed.
With your support, we will continue to work for a cleaner environment through the enforcement of our environmental laws and expose the polluters and their tactics.
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