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Hartley Bay band sues over sunken ferry's fuel
Mar 20, 2008
By Keith Fraser
The Hartley Bay Indian Band, whose members rushed to the rescue of passengers of the Queen of the North, is suing B.C. Ferries for damage arising from the impact of pollution from the sunken vessel.
The vessel was passing through Wright Sound, within the band's traditional territory, when it struck Gil Island and sank to the bottom, releasing diesel fuel and other contaminants and pollutants, says the lawsuit filed in B.C. Supreme Court in Vancouver.
Members of the band were among the first responders to the tragedy which claimed the lives of two people, but the band is now concerned that the pollutants have and will continue to cause damage to its fish harvesting sites.
"They feel in a lot of ways they've been shut out due to the impacts of this thing and the long term impacts on their area," said the band's lawyer Matthew Kirchner. "It's sort of ironic given the role they played in assisting B.C. Ferries early on."
Kirchner said the lawsuit was filed in order to make it within a two-year time limitation for the filing of civil lawsuits in B.C. The sinking occurred on March 22, 2006.
Kirchner said there will be more details added to the statement of claim in the coming weeks but added the main concern is with the fisheries habitat.
"Largely the issue is with shellfish but I wouldn't limit it to that. Fish and shellfish and aquatic plants. It would cover all affected fisheries."
Of particular concern is that B.C. Ferries has allowed the wreckage to remain on the ocean floor in Wright Sound and whether all of the diesel fuel is out of the vessel - the ferry's capacity was 220,000 litres of diesel and 20,000 litres of light oil.
"From my client's perspective it's a continuing threat," said Kirchner.
The band is seeking unspecified general and special damages and damages for nuisance or trespass.
There are already several lawsuits pending in relation to the Queen of the North sinking, including a class action suit filed by the surviving passengers and wrongful death suits filed by the victims' families.
Deborah Marshall, a spokeswoman for B.C. Ferries, said there would be no comment on the Hartley Bay suit since the matter is before the courts.
The vessel was passing through Wright Sound, within the band's traditional territory, when it struck Gil Island and sank to the bottom, releasing diesel fuel and other contaminants and pollutants, says the lawsuit filed in B.C. Supreme Court in Vancouver.
Members of the band were among the first responders to the tragedy which claimed the lives of two people, but the band is now concerned that the pollutants have and will continue to cause damage to its fish harvesting sites.
"They feel in a lot of ways they've been shut out due to the impacts of this thing and the long term impacts on their area," said the band's lawyer Matthew Kirchner. "It's sort of ironic given the role they played in assisting B.C. Ferries early on."
Kirchner said the lawsuit was filed in order to make it within a two-year time limitation for the filing of civil lawsuits in B.C. The sinking occurred on March 22, 2006.
Kirchner said there will be more details added to the statement of claim in the coming weeks but added the main concern is with the fisheries habitat.
"Largely the issue is with shellfish but I wouldn't limit it to that. Fish and shellfish and aquatic plants. It would cover all affected fisheries."
Of particular concern is that B.C. Ferries has allowed the wreckage to remain on the ocean floor in Wright Sound and whether all of the diesel fuel is out of the vessel - the ferry's capacity was 220,000 litres of diesel and 20,000 litres of light oil.
"From my client's perspective it's a continuing threat," said Kirchner.
The band is seeking unspecified general and special damages and damages for nuisance or trespass.
There are already several lawsuits pending in relation to the Queen of the North sinking, including a class action suit filed by the surviving passengers and wrongful death suits filed by the victims' families.
Deborah Marshall, a spokeswoman for B.C. Ferries, said there would be no comment on the Hartley Bay suit since the matter is before the courts.
