Political capture is . . .
Strange Bedfellows in Nova Scotia
Photo credit: Morien Resources
The billionaire owner of Donkin coal mine is a major shareholder of Morien Resources. The company cautioned that Donkin Coal mine could close for good. Source: CBC News.
Within days, Premier Houston hires MacLellan. Source: CBC News.
Within weeks Donkin mine announces reopening of the coal mine. Source: CTV News.
Premier Tim Houston thanks MacLellan for his 7-month service. Source: Provincial News Release.
Donkin mine immediately hires MacLellan. Source: Canada's National Observer.
Nova Scotia's conflict of interest commissioner and the province's auditor general has not released any statements.
A Predictable Path to Disaster
“It’s just a matter of time . . .
before somebody gets injured or killed”. Source: Nova Scotia Advocate, February 20, 2020.
In fact, a death and injury of coal miners within the first two months of re-opening.
Political and regulatory capture.
A Donkin official with a questionable record.
32 rockfalls and forced abandonment of section of the subsea coal mine.
Two undergound fires.
Local politicians feel emboldened to misrepresent.
Time to review Justice K. Peter Richard's Report of the Westray Mine Public Inquiry –– The Westray Story: A Predictable Path to Disaster
Killing Westray Law in Coal Blood
Indeed, a death, as revealed by District 8 Councilor (*) on CBC Live Radio and an injury reported by the National Observer occurred within the first two months of the Donkin mine September 2022 re-opening.
Over a year later, and the Nova Scotia Labour department still has not released independent preliminary or final reports.
The police have not released the results of their investigations.
The special crown prosecutor for workplace safety (press release in 2014) has not released any statements.
(*) . . . "which suggests that when Councilor Edwards speaks to the media about the Donkin Mine, he’s saying only what the company permits him to say." Source: Cape Breton Spectator.
Negligence is . . .
Official with a Questionable Record
The government was warned that it needed to take another hard look at Donkin because "Blanchard isn’t the only official at Donkin with a questionable record." Source: Global News Investigation
- Ellen Smith's Summary of MC#1 Violations
In an on camera interview, the Minister promised to release a list of all the managers at Donkin but later stated it would “not provide private company information.” Source: Global News Investigation
Negligence is . . . seven years later questions surrounding the safety records of people running the coal mine still remain unanswered by government officials.
Negligence is . . .
An Underground Fire
Negligence is conduct, either by commission or omission, which falls below the standard of care to protect workers against risk of harm.
A dangerous underground fire, the threat of smoke inhalation, carbon monoxide poisoning, explosion causing death and mine officials sent workers into the mine to extinguish the underground fire.
Donkin officials state that the reporting by media was false –– mine workers were not pressured to go underground. Source: CLC Meeting Minutes, May 2023.
But, Donkin's main water supply line was shut down the previous shift. Source: CBC News
Regulatory capture is . . . provincial mine inspectors arrived the day after the fire and requested the company provide a report on the underground fire.
The Labour department has no way to independently verify the real cause of the underground fire.
No penalties were imposed by the Labour department in relation to the fire. Source: CBC News and National Observer.
Media coverage of the weekend fire may not have answered all the pertinent questions about the incident, but it revealed an interesting truth about the way Donkin operates. Source: Cape Breton Spectator, May 3, 2023.
Negligence is . . .
Thirty-Two Rockfalls
The mine has experienced over 32 rockfalls since it opened in 2017.
A few rockfalls were never reported and only became public knowledge when government officials showed up for inspections. It was later revealed that officers of the mine broke a regulation that requires immediate reporting of massive cave-ins. Source: CBC News
Donkin had to abandon a section of the underground mine.
Donkin Keeps Laying Off Workers
Forty-nine (49) workers laid off Novenber 2017. Nova Scotia Business Minister (MacLellan) stated that . . . "this isn't a sign of worse things to come. Source: CTV News
Then, 18 workers laid off January 2019 following a roof collapse two weeks earlier.
A year later, 135 workers lost their jobs March 2020 after two roof collapses within two-weeks.
Recently, 37 workers laid off August 2023 after two roof collapses within one week –– July 9th & July 15th, 2023. The enormous July 15th roof fall was 50 feet long, 15 feet wide and 3 feet in height. Source: Chronicle Herald
Non-disclosure Agreements
"Something has caused the government not to act on outlawing the misuse of NDAs," said NDP Leader Claudia Chender. "They indicated that they were going to do it, they indicated that it was a priority and then they abruptly changed course. "Certainly there is something that stopped them in their tracks on pursuing this. I don't know what it is."
'Playing with fire': Former Donkin mine workers describe 'scary' safety practices. CBC has agreed not to identify them, as they signed a confidentiality agreement with the company and agreed not to talk to the media." Source: CBC News, 2018.
Operations suspended after roof collapse. "The miners, granted anonymity by CBC News because they had signed a confidentiality agreement with the company." Source: CBC News, 2019.
Community Liaison Committee
False narratives
Local politicians feel emboldened to misrepresent or deliberately misunderstand the concerns of their constituents.
The local MLA, whom is also a cabinet member on the Premier's Executive Council and, is also the provincial Minister of Communications, undertook a public smearing strategy of vilifying a local resident during the industrial appeal process. Source: MLA's email.
The cabinet minister also sits as a member of the company controlled community liaison committee, providing Donkin officials with direct access to the highest levels of government.
The MLA announces millions of public tax dollars for the coal truck route from mine gate.
The local councillor also sits as a member of the company controlled community liaison committee.
Councilor speaks out on Donkin mine criticism. CBC Radio.
How many invisible VPs does one company need? Interesting truth about the way Donkin operates. here and here.
Showing blatant disregard for public safety, city councillor denies allegations that he deliberately drove into a local resident. Source: Frank Magazine
Volunteer Committee Member . . . "We have a meeting once maybe every couple of months and they tell us what they want to tell us." Source: Cape Breton Post.
Elected officials have refused resident's numerous requests to hold a public meeting in the community.
Regulatory capture, redux
The Fox guarding the Henhouse
Mysteriously, there is NO noise emanating from the industrial complex during company controlled noise monitoring.
Donkin then informs the provincial regulator that there is NO noise emanating from the complex.
The politicans then misinform news media that Donkin is within provincial noise guidelines.
Mysteriously, the adverse industrial noise immediately returns after noise monitoring is completed by the company, not the provincial regulator.
People are sleeping in their basements, temporary leaving their homes, and some have contemplated selling their homes - all to get rid of this annoying and stressful noise which some classify as “torture.” Source: Cape Breton Post, Saltwire.
Residents of surrounding communities have endured four years of suffering -– some residents are on the verge of developing chronic health effects.
Minister Rejects Expert Report
"The industrial noise is linked to sleep loss and deteriorating mental and physical health," says Cape Breton University sleep expert Dr. Sarah Barnes.
Environment Minister Tim Halman says a study from Cape Breton University sleep expert Sarah Barnes “does not definitively identify the mine as the source of the release of tonal noise components.” Source: National Observer.
The following audio was recorded seven (7) kilometres from the mine's ventilation fans.
Minister Rejects Community Concerns
For over 6 years . . .
Reader defends Cape Breton coal truck protesters. Source: Cape Breton Post, May 31, 2023.
Donkin coal trucks too big for Port Morien-area roads, residents say. Source: CBC News, June 1, 2018.
Tired of the Traffic: Community Meeting. Source: Cape Breton Post, May 18, 2018.
Safety Concerns: Donkin-Morien residents unhappy with heavy coal truck traffic. Source: Cape Breton Post. May 25, 2017.
Residents near Donkin mine unhappy about coal truck traffic. Source: CBC News, May 24, 2017.
Elected officials have refused resident's numerous requests to hold a public meeting in the community.
Treaty Nations Fight for Indigenous Consent
Nova Scotia permits mining claims to take place on unceded territories without Indigenous consent.
The fact that Nova Scotia stills grants mineral claims with total disregard to uphold Indigenous and Mi’kmaq rights and their territories is a damaging relic of colonialism that has no place in the present day.
In 2022 alone, Nova Scotia government sold 27,000 minerals rights to corporations. Source: CBC News
Mine approvals are provided within 50 days and are not subject to public or Indigenous consultation, and most documents detailing them are not available to the public. Source: The Narwhal
Nova Scotia does not legislate companies to consider climate change, cumulative effects of a project or impacts on Indigenous peoples and surrounding communities.
Calling for Change
Grounded in shared demands for updated environmental laws and industrial approvals, including legally binding environmental assessment requirements for climate change, cumulative effects and impacts on the public.
"Once inside a jurisdiction, they tend to lobby hard against any kind of environmental regulations. More often than not, they support anti-union laws. They don’t like enforcement by public officials. They want tax loopholes and government support for billionaires." — Tom Urbaniak
A transparent separation of politics would also provide hope that mining in Nova Scotia is inclusive and sustainable.
References
Canadian federal Minister decision and related documents, please visit the Impact Assessment Agency of Canada website here.
Canadian Environmental Assessment Agency. April 2013. Comprehensive Study Report. Donkin Export Coking Coal Project
Cape Breton coal mine cited for breaking reporting rules in 'massive' cave-in. February 05, 2019. CBC News.
Cap-Op Energy Inc. March 2016. GHG Mitigation Options for Underground Coal Mines Report to Nova Scotia Environment.
CBCL Consulting Engineers. October 2008. Donkin Underground Exploration Volume One Environmental Assessment Report.
CBRM councillor mentions coal miner fatality during Bob Murphy’s Maritime Noon show that aired September 15, 2022. CBC Live Radio
Community Liaison Committee (CLC). January 6, 2020. Minutes of Conference Call Meeting.
Community Liaison Committee (CLC). March 1, 2022. Minutes of Conference Call Meeting.
Community Liaison Committee (CLC). May 8, 2023. Meeting Minutes.
Ellen Smith's Summary of MC#1 Violations
Government Hires Safety Prosecutor: 2014. Press Release
Industrial Noise and Vibration Centre (INVC). 2021. Spectral Analysis Report. Email.
Justice K. Peter Richard's Report of the Westray Mine Public Inquiry –– The Westray Story: A Predictable Path to Disaster
Marston Technical Report. November 2012. Donkin Coal Project.
Nova Scotia issues tender for mine greenhouse gas consultant. January 02, 2016. CBC News.
Nova Scotia provincial Minister decision and related terms and conditions, please visit the Nova Scotia Department of Environment website here.
Novus Environmental Inc. August 2014. BLAST Music Event Noise Monitoring Report.
One Thousand Days and Counting: A report on the social and health impacts of industrial noise from the Donkin Coal Mine in Cape Breton, Nova Scotia. Barnes, S., & Bate, D. (2023).
Per Facie Evidence. 2019 & 2020. Audio Recordings of Donkin Mine Noise are Available.
World Health Organization (WHO). 1995. Community Noise.
XSTRATA Coal Limited. July 2012. Environmental Impact Statement for the Donkin Export Coking Coal Project.