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Prosecution service halts private case against Mount Polley dam failure

Former chief surprised her private prosecution has been stayed
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The BC Prosecution Service has directed a stay of proceedings in a private prosecution against the Mount Polley Mine dam failure. Monica Lamb-Yorski photo

A stay of proceedings has been directed in a private prosecution made by former Xat’sull Chief, Bev Sellars, against the August 2014 Mount Polley Mine dam failure near Likely, B.C.

The BC Prosecution Service announced Tuesday in a press release it had made the decision to direct a stay of proceedings after a full careful review of the information and materials provided by Sellars’ counsel.

When reached by phone Tuesday, Sellars told the Tribune it “was the first” she had heard of the stay of proceedings.

“We had a court date set for January 31,” she said. “I am going to call my lawyer.”

In the press release, BCPS stated on August 4, 2017, Sellars swore a private information alleging that the Mount Polley Mining Corporation (MPMC) had committed various offences contrary to the provincial Environmental Management Act and Mines Act.

“After conducting its review, the BCPS concluded that the material provided does not meet the charge assessment standard for approval of charges.”

The BCPS also noted the formal investigation into the Mount Polley Mine incident is ongoing.

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