The Charges

Radioactive Contamination Charge

November 20, 1998

CANADA PROVINCE OF ONTARIO Belleville Region
Information of TOM ADAMS Executive Director, Energy Probe (occupation / profession)

The informant says he believes on reasonable grounds that (1) that HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO

Between the 17th day of September, 1998 and the 14th day of November, 1998 ,inclusive, at a place near the western fence of the Deloro mine site in the Township of Marmora and Lake, in the County of Hastings, did commit the offence of:

unlawfully discharging or causing or permitting the discharge of a contaminant, namely, radiation, into the natural environment that caused or was likely to cause an adverse effect contrary to s. 14(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended and did thereby commit an offence contrary to s. 186 (1) of the Act.

Water Pollution Charges in the Deloro Mine Case

November 17, 1997

CANADA PROVINCE OF ONTARIO Belleville Region
Information of JANET FLETCHER Clinical Secretary (occupation / profession)

The informant says she believes on reasonable grounds that (1) that HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (as represented by the Ministry of the Environment) 15th Floor, 135 St. Clair Ave. W. Toronto, ON., M4V 1P5

1. On or about the 25th day of August, 1997, at the Deloro Mine site, in the Township of Marmora and Lake and the Village of Deloro, in the County of Hastings did unlawfully deposit or permit the deposit of a deleterious substance, to wit, toxic liquid, from a seep on the east bank of the Moira River, in a place under conditions where the deleterious substance entered water frequented by fish, to wit, the Moira River, contrary to s. 36(3) of the Fisheries Act, R.S.C., 1985, c. F-14, as amended, and did thereby commit an offence contrary to s. 40 (2) (a) of that Act.

2. AND FURTHER THAT, HER MAJESTY THE QUEEN IN RIGHT OF ONTARION (as represented by the Ministry of Environment), between the 17th day of Novermber, 1995 and the 17th day of November, 1997, at the Deloro Minw site, in the County of Hastings, did unlawfully carry on a work or undertaking, to wit, the management and control of the Deloro mine site, that resulted in the harmful alteration, disruption or destruction of fish habitat, to wit, elevated levels of metals in the sediment of Young’s Creek, contrary to s. 35(1) of the Fisheries Act, R.S.C., 1985, c.F-14, as amended, and did thereby commit an offence contrary to s. 40(1)(a) of that Act.

3. AND FURTHER THAT, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (as represented by the Ministry of Environment), between the 17th day of November, 1995 and the 17th day of November, 1997, at the Deloro Mine site, in the Township of Marmora and Lake and the Village of Deloro, in the County of Hastings, did unlawfully deposit or permit the deposit of a deleterious substance, to wit, liquid contaminated with metals, in a place under conditions where the deleterious substance entered water frequented by fish, to with, Young’s Creek, contrary to s. 36 (3) of the Fisheries Act, R.S.C., 1985, c.F-14, as amended, and did thereby commit an offence contrary to .40(2)(a) of that Act.

4. AND FURTHER THAT, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (as represented by the Ministry of Environment), between the 17th day of November, 1995 and the 17th day of November, 1997, at the Deloro Mine site, in the Township of Marmora and Lake and the Village of Deloro, in the County of Hastings, did unlawfully carry on a work or undertaking, to wit, the management and control of the Deloro mine site, that resulted in the harmful alteration, disruption or destruction of fish habitat, to wit, elevated levels of metals in the sediment of the Moira River, contrary to s. 35(1) of the Fisheries Act, R.S.C., 1985, c.F-14, as amended and did thereby commit an offence contrary to s. 40(1)(a) of the Act.

5. AND FURTHER THAT, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (as represented by the Ministry of Environment), between the 17th day of November, 1995 and the 17th day of November, 1997, at the Deloro Mine site, in the Township of Marmora and Lake and the Village of Deloro, in the County of Hastings, did unlawfully deposit or permit the deposit of a deleterious substance, to wit, liquid contaminated with metals, in a place under conditions where the deleterious substance entered water frequented by fish, to wit, the Moira River, contrary to s. 36(3) of the Fisheries Act, R.S.C., 1985, c.F-14, as amended, and did thereby commit an offence contrary to s.40(2)(a) of that Act.

ONTARIO COURT (PROVINCIAL DIVISION) This is the information of JANET FLETCHER Clinical Secretary (occupation / profession) I have reasonable and probable grounds to believe and do believe that HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (as represented by the Ministry of the Environment) 15th Floor, 135 St. Clair Ave. W. Toronto, ON., M4V 1P5

1. between the 17th day of November, 1995 and the 17th day of November, 1997, at the Deloro Mine site, in the Township of Marmora and Lake and the Village of Deloro, in the County of Hastings, did unlawfully discharge or cause or permit the discharge of material, to with, liquid contaminated with metals, into or in the Moira River or on any shore or bank thereof or into any place that may impair the quality of the water of the Moira River contrary to Section 30 (1) of the Ontario Water Resources Act, R.S.O. 1990, c.0.40, as amended, and did thereby commit an offence contrary to Section 107(1) of that Act.

2. AND FURTHER THAT, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (as represented by the Ministry of Environment), between the 20th day of August 1997 and the 1st day of October 1997, inclusive, at the Deloro Mine site, in the Township of Marmora and Lake and the Village of Deloro, in the County of Hastings, from a seep on the east bank of the Moira River did unlawfully discharge or cause or permit the discharge of material, to wit, liquid contaminated with metals, that may impair the quality of the water of the Moira River, contrary to Section 30(1) of the Ontario Water Resources Act, R.S.O. 1990, c.0.40, as amended, and did thereby commit an offence contrary to Section 107(1) of that Act.

3. AND FURTHER THAT, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (as represented by the Ministry of Environment), between the 17th day of November, 1995 and the 17th day of November, 1997, at the Deloro Mine site, in the Township of Marmora and Lake and the Village of Deloro, in the County of Hastings, did unlawfully discharge or cause or permit the discharge of material, to with, liquid contaminated with metals, into or in the Young’s Creek or on any shore or bank thereof or into any place that may impair the quality of the water of Young’s Creek contrary to Section 30 (1) of the Ontario Water Resources Act, R.S.O. 1990, c.0.40, as amended, and did thereby commit an offence contrary to Section 107(1) of that Act.