Kirsten Murphy
Northern News Services

Iqaluit (Oct 22/01) - Nunavut Justice Beverly Browne last week rejected an Iqaluit man's bid to put an end to the burning of unsorted garbage at the dump.

Paul Crowley wants plastics and metals banned from dump incineration, on the basis it poses a health threat. He was seeking an interim injunction.

Browne's rejection was based on lack of proof. "Although I am tempted to make a finding that irreparable harm is being done in this case, there is no evidence to support that finding," Browne stated in the reasons for her judgment.

Crowley, a member of Citizens for a Clean Iqaluit, submitted numerous environmental studies listing problems caused by open-pit burning. Few, if any, were conducted in Iqaluit, however.

"Perhaps air quality tests would assist with the process of convincing governments and regulatory agencies that this is a serious problem," Browne wrote.

A residential recycling program starting this month should reduce the volume of plastic and metal ending up at the dump, Browne noted.

Nunavut is one of the last Canadian jurisdictions allowing unsorted garbage burning, and Crowley vowed to continue lobbying for clean air.

"I'm disappointed I didn't succeed but I will continue to fight. There is no excuse for open-burning," Crowley said.

His case is based on an amended Nunavut Water Board licence. The licence's validity is before the courts.

Browne recommended Crowley re-apply for an injunction in December should unsorted burning continue.