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A year later the problem came up again when the Mount Polley Mine dam burst, blasting a torrent of toxic waste into Quesnel Lake. After this second disaster, the ELC asked government for the relevant dam inspection reports, but were flatly refused. Government only released these documents much later — after we launched a second complaint to the commissioner. In a landmark decision, the commissioner concluded that the law obliged government to proactively release all documents of “public interest.”

But government foot-dragging has continued. Last year, water in the Hullcar Valley became undrinkable because of nitrate contamination — likely linked to the spraying of manure effluent above the aquifer.

Yet government refused to release the soil nitrate tests taken above the drinking-water aquifer. The Ministry of Environment refused to release the test results, even though:

• The tests were conducted pursuant to ministry orders;

• the local waterworks district asked for the results, to figure out ways to reduce nitrate contamination of their drinking water; and

• local water-users and the local government also asked for the results.

Again the ELC complained to the commissioner. Months later the commissioner ordered government to release the soil results immediately — noting that release was “clearly in the public interest.”

As a result of the commissioner’s decisions, one can now access mine-dam inspection reports online. And the people of the Hullcar Valley can now get soil test results online. But that is only because of specific complaints to the information commissioner. Across the rest of government, important environmental documents are still not accessible.