Nelson Star, May 22, 2015

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PM41537042

Free

Friday, May 22, 2015

Vol. 7 • Issue 93

Transition house marks 20 years See Page 4

Federal Liberals announce candidate See Page 5

280 Baker Street Nelson BC (250)

Local dance troupes team up

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valhallapathrealty@telus.net www.valhallapathrealty.com

The L.V. Rogers dance department and Allegro Dance Theatre are teaming up for Movement, a night featuring over 100 local dancers. Dani Zak (bottom right) choreographed three pieces for the show, which will feature multiple collaborations between different age groups. The show will be at the Capitol Theatre on Thursday, May 28 at 7:30 p.m. See full story page 12.

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Judge forges ahead with Lemon Creek case Laura Salmon Cell 250-551-8877

E-mail Laura@LauraSalmon.com Website www.LauraSalmon.com

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BILL METCALFE Nelson Star A federal lawyer told a Nelson provincial court judge Monday that the government still hasn’t decided whether it will take over the prosecution of a Calgary company for polluting Lemon Creek and the Slocan River in the summer of 2013. Judge Richard Hewson was not impressed. “Why not?” he asked prosecutor Todd Gerhart, who appeared in court by phone. Gerhart said there was still more investigation to do. “How soon will you have an answer?” Hewson asked. “I don’t know,” Gerhart replied.

Hewson said he had no inclination to wait any longer and scheduled an arraignment hearing for Monday. Gerhart said he would not be there for that hearing. Executive Flight Centre is the Calgary contractor whose tanker truck overturned in July 2013 en route to a forest fire, dumping jet fuel into Lemon Creek. When it appeared that there would be no Fisheries Act charges laid against the company, Marilyn Burgoon, a Slocan Valley resident, launched a private prosecution against the company and the provincial government. Her action was accepted by the court in December, allowing a summons to be issued. Burgoon also named the provincial

government in the prosecution, she says, because of its inaction when the Fisheries Act was contravened, and because it controlled access to the staging area the tanker was trying to reach. In a private prosecution, a citizen takes on the role of the public prosecutor. Such prosecutions are rare because citizens usually don’t have the financial resources, legal expertise, investigative powers, or institutional backing of a prosecutor’s office. In court Monday, Burgoon’s lawyer Lilina Lysenko and lawyers for the provincial government and Executive Flight Centre agreed the trial could take about two weeks. Burgoon told the Star she is disappointed the federal government has not

decided to take over the case but said there is a potential upside. “Often when public prosecution does take over, they delay it, and it never gets to trial. It just sits there. “If we do not have the public being taken care of through the system,” Burgoon said, “it will take the citizenry to do it, and I am ready to go ahead and continue. I was confused that it was never processed initially. That is the expectation when someone violates the law.” Burgoon said that according to the law, the courts “don’t need to show intent. The fish are dead, the river was polluted, and there is an admission that

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