by Ian Elliot
Northern News Services

NNSL (Nov 28/97) - The NWT Supreme Court has dismissed a wide-ranging lawsuit that claimed the federal government ignored Royal Oak Mines' pollution of the city's air and water with arsenic.

Justice Virginia Schuler tossed out the private prosecution, which was brought by city resident David Talbot, because the arsenic problem does not qualify as a public nuisance under law, and Talbot suffered no unique losses for which he could be compensated.

Talbot launched the lawsuit against the commissioner of the NWT and six federal and territorial government ministers, including Sheila Copps and Stephen Kakfwi, but not the mine's owners.

He complained that arsenic pollution of a stream running through Giant Mine property and into Yellowknife Bay destroyed the fishing there and so affected his quality of life.

Arsenic occurs naturally in rock around Yellowknife and is released as a byproduct of gold mining.

Schuler dismissed Talbot's argument, ruling that any loss Talbot had experienced was not particular to him but was shared by all anglers.

"The only impact alleged is the loss of the enjoyment of life," Schuler said.

"The only way in which it is alleged that enjoyment of life has been lost is the inability to fish in certain waters ... in that regard, (Talbot) is in no different position than other members of the public."

She also noted that if the government failed to act on complaints due to concerns about the economic impact such action would have on the mine, then it was a political decision and out of the scope of the courts.

The court largely ignored the possible long-term health effects of arsenic exposure in Yellowknife, concentrating on whether Talbot had the right to bring the action, and on what exactly he was asking for to fix the problem.

Normally, actions involving public nuisances are brought by the attorney general, and do not seek damages for people affected by the problem but rather to put an end to the problems.