Another Riverkeeper Investigation
Results in Charges

Court case against Newco Construction Ltd. adjourned until February 2004

December 4, 2003 - Newco Construction Ltd. made its second appearance in court to answer to Fisheries Act charges related to the discharge of textile mill effluent into Humphreys Brook. The defence, represented by lawyer Hélène Beaulieu, requested further disclosure from the Crown and an adjournment before entering its plea. The Crown and Judge Anne Dugas-Horseman agreed to this request, and the date of February 3, 2004 was set for the next appearance in court in this matter.

November 5, 2003 - Newco Construction Ltd. made their first appearance in provincial court in Moncton this morning and asked for an adjournment. The adjournment was granted until December 4th 2003 at 9:30 am where they are expected to render their plea.

November 3, 2003 – Environment Canada’s Enforcement Branch visited Moncton again in September to lay charges in provincial court against a Moncton construction company called Newco, for an alleged offence under the federal Fisheries Act (36, 3) and in relation to the discharge of a deleterious substance into Humphreys Brook, a waterway frequented by fish.

The substance in question, described as textile mill effluent, is alleged to have been discharged intermittently into Humphreys Brook, a tributary of the Petitcodiac, between 1996 and 2003. The charges were laid after a year-long investigation by Environment Canada and following two separate discharge incidents first documented by the Petitcodiac Riverkeeper at the site in the summer of 2002.

The evidence initially gathered at the site by the Riverkeeper included liquid samples of the effluent which were tested by an accredited environmental laboratory in Fredericton and confirmed to be acutely lethal to fish. Photographs of the dark blue and purple coloured effluent discharges were also taken and can be seen on the “toxic pollution” section of our website.

Newco will appear before the provincial court in Moncton at 9:30 a.m. on November 5th, 2003 to render their plea. The company from where the textile mill effluent is alleged to be originating, Tandem Fabrics Ltd., has since been ordered to direct its waste effluent to the Greater Moncton Sewage Commission system so that it can be treated at the Sewerage Treatment Plant in Riverview. Work is underway to have this connection constructed this fall.

Petitcodiac Riverkeeper Daniel LeBlanc commended Environment Canada for carrying out their investigation in accordance with their mandate. "Governments need the help of citizen groups like ours, dedicated to patrolling and safeguarding our waterways, to ensure that environmental laws are enforced in all regions of this country. We’re pleased with the agency’s work thus far and the fact that their involvement is helping us resolve this important environmental issue in Humphreys Brook”, concluded LeBlanc.

The discovery of the textile mill effluent discharge came about as a result of a larger investigation initiated by the Petitcodiac Riverkeeper in the summer of 2002 following an oil spill in Humphreys Brook. The problem that caused the oil spill to occur has yet to be fully investigated by the provincial and federal enforcement agencies and action on that case is still pending.

INFORMATION:

Daniel LeBlanc, Petitcodiac Riverkeeper
(506) 388-5337 - www.petitcodiac.org