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On Feb. 21, Chief Thomas Alexis held a news conference to announce a moratorium on new mining activities in Tl'ast'en Nation traditional territory.
The move was in response to the Nov. 30th failure of a containment dam at a mining site owned by Teck Cominco located next to an area lake.
The Tl'ast'en are using the incident to re-energize their assertion the community's health has been affected by mining activity at Pinchi Lake since the 1940s. The mine has been inactive since 1975.
"We want to make them accountable," said Alexis.
The containment dam separates Pinchi Lake from an emergency spill lagoon that contains water from the former mercury mine. The Tl'ast'en contend that an August 1999 study by Teck Cominco revealed that zooplankton in the lagoon contained methylmercury at 200 to 300 times higher than regulations and guidelines allow.
In addition to this the Tl'ast'en claim that the majority of the containment wall was constructed from calcine, which is baked ore containing mercury. The Tl'ast'en allege that the mercury content of the calcine in the wall was 300 times greater than regulations allow. It is this sediment, they say, that is now in Pinchi Lake.
Soon after the dyke break, Teck Cominco reported the situation to Environment Canada, which tells Raven's Eye it has a limited role in the dispute between the company and the First Nation.
"Primarily our responsibility is for administration and enforcement of the Fisheries Act, specifically the pollution prevention provisions of the Act," said spokesperson Lisa Walls of Environment Canada.
"When the dyke failure occurred, the B.C. provincial conservation officer service assumed the lead on the investigation. According to our investigation there is no evidence to indicate that a violation of the Fisheries Act occurred," said Walls.
The British Columbia Ministry of Energy and Mines worked with Teck Cominco to assess the extent of the dyke breakage.
"We do look at this very seriously. We are not downplaying that we had a dyke failure, but the science says the dyke failure has not had a big impact and no toxicity is expected," said Fred Hermann, chief inspector of mines. "Our immediate concern is to stabilize the material that was involved in the dyke failure to prevent any movement of it into the lake when spring thaw comes," said Hermann.
Alexis disputes the claims from the ministry. He contends that Teck Cominco does not know whether it was the top or the bottom of the dyke that first failed. It is the Tl'azt'en's assertion that it was the material at the bottom of the dyke, which contains calcine, that entered the lake, which may account for increased mercury levels measured immediately after the break.
Mercury has a direct impact on humans exposed to it. Methylmercury is a neurotoxin in low doses, affecting the functioning and development of the nervous system. Methylmercury is rapidly absorbed through the gastrointestinal tract and readily crosses the blood brain barrier into the adult or fetal brain.
Depending on the level of exposure, this toxin can have varied health effects ranging from mental retardation to death. Pregnant women need to be especially concerned about mercury contamination because direct exposure to the developing fetus through the mother's placenta could cause various health effects.
The Tl'azt'en claim to have suffered from many health defects over the life of the mine and beyond.
Dr. Dennis Wardman, a community medicine specialist from Health Canada who works in the Tl'ast'en community, has been involved with mercury testing of the First Nation residents.
"We have no evidence that there has been any health effects due to methylmercury poisoning after the spill or prior to the spill," said Wardman. "In terms of testing that Health Canada has done in the past, the mercury levels have been slightly above normal. This is in the hair samples taken from community members," he said.
Wardman wnt on to say that in the last tests done by Health Canada on the Tl'azt'en, about 68 per cent of the community took part.
Dave Parker, a spokesperson for Teck Cominco, said the company has reviewed the studies done by Health Canada.
"We were given advice by Health Canada that the studies they had done had satisfied them that the levels of mercury found in the population was not a significant concern," said Dave Parker.
Chief Thomas Alexis takes issue with the findings, and has suggested more tests should be done.
"What we have indicated to Health Canada is that the band would endorse an independent health study led by a world expert in methylmercury exposure." Alexis said.
One such expert the Tl'azt'en have mentioned is Dr. Mineski Sakamoto of the Japanese National Institute for Minamata Disease.
Minamata disease is a brain disorder caused by methylmercury consumption.
"We wouldn't support the company or government control of the study. We would like to do it through our own systems here," the chief said, suggesting that Teck Cominco pay for the study to be done.
To put the seriousness of mercury into perspective, it takes just one-seventieth of a teaspoon of mercury to make all of the fish in a 25-acre lake unsafe to eat.
The level of mercury sediment in Pinchi Lake ranges from 2,000 to 8,000 parts per billion.
The interim environmental quality level for mercury sediment as reported by Environment Canada is 17 parts per billion.
There has been a warning against consumption of the fish from Pinchi Lake since 1969. The British Columbia Ministry of Water, Land, and Air Protection, Fish and Wildlife Recreation and Allocation Branch warns that mercury levels in lake trout from Pinchi Lake may be high. Normal consumption is not a significant hazard to human health, but high consumption may be.
Parker said that Teck Cominco does not dispute the fact that historic mining activity at Pinchi Lake has led to elevated levels of mercury in th lake.
He said the Tl'azt'en have asked to be consulted with regard to activity at the mine site.
He also said that Teck Cominco looks forward to discussions with the Tl'azt'en as to what can be done to address concerns they have about the lake and their health.
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