The legal saga that ensued after an August 2005 CN train derailment caused 40,000 litres of caustic soda to spill into the Cheakamus River is over.
CN pleaded guilty Monday (May 25) in a North Vancouver court to one count under the Federal Fisheries Act in the incident. They were fined $400,000 for the Cheakmus spill, and $1.4 million for a derailment and oil spill two days earlier in Wabamun Lake, Alberta.
“These settlements are focused on the future and on what's best for the environment,” said CN president and chief executive officer Hunter Harrison in a statement. “CN will continue to strengthen emergency response procedures, while maintaining its commitment to do everything in its power to prevent accidents from occurring.”
Squamish environmental advocate John Buchanan – who was part of the initial Cheakamus Ecosystem Restoration Technical Committee formed after the spill – said the fine amount to little punitive measures since it is “nothing to CN’s bottom line.” But, he added, “at least they’re being held accountable in both cases.”
He also said the funding CN has put in to restore the damages following the spill is little comfort.
“Man-made restoration work is fine, but it can never replace nature's toolbox,” said Buchanan.
The bulk of the fine, $350,000, will go to DFO to promote the conservation of fish and habitat in the Squamish Estuary, according to CN spokesperson Kelli Svendsen.
According to a CN news release, CN has spent approximately $5.3 million in funding Cheakamus Ecosystem Restoration Technical Committee (CERTC), the Pacific Salmon Foundation and supporting a District of Squamish marketing initiative to promote the region as the outdoor recreation capital of Canada.
Mayor Greg Gardner said the district is “not taking a position” on the fine.
“I have confidence that the judge of the provincial court of British Columbia applied his or her discretion within the bounds of the law to assess the appropriate penalty,” said Gardner.
Coun. advocated for a Railway Safety Act with more teeth following the derailment because, she said, the fines are so negligible they simply become factored into the cost of doing business. She said her initial reaction to fine at first was that it seemed “pathetically low.”
“ I guess it’s hard to quantify something when a whole ecosystem is decimated in one epic moment,” she said.
But put into context, she said, they have “willingly spent millions” on ecosystem rehabilitation, and they took responsibility.
“It seems very good that they pled guilty,” said Heintzman. “I guess it’s a symbolic victory and a symbolic acknowledgment of their wrongdoing, which not a lot of companies are willing to, so that’s a positive step for sure.”
CN's funding continues, states the news release, and it remains involved in efforts to rehabilitate and restore the impacted fish and habitat of the Cheakamus River, including working with environmental consultants and experts on fish recovery and habitat enhancement.
A number of different monitoring programs have also been implemented, which provide information on species recovery and effectiveness of recovery strategies.
CN has also established the Cheakamus Ecosystem Recovery Fund of $2 million for enhancement projects by local environmental stewardship groups. Seed funding was granted for a feasibility study of a boardwalk around Cattermole Slough, as well as to assist with purchasing a Mamquam Island property, according to minutes of a recent CERTC meeting.
“These programs show that CN has lived up to the commitments it made at the time of these unfortunate incidents,” said Harrison. “We said we would repair any damage done and fairly compensate those affected. We have done what we said we would do.”
