Are you frustrated by Mine Act Policy, the time it takes to obtain a work permit or the multitude of other steps a mines inspector demands? Are you also frustrated by the inaccurate mapping software on the MTO site? The Ministry and the policies created from numerous regulations and policy set out by the Minister and agents is a disappointment. The length of time to issue a work permit has become far too long and complex. The arduous process from filing a Notice Of Work (NOW) to receiving a Permit takes several months and is vulnerable to frustration by other parties. The delays incurred creates significant loss of earnings for the placer miner The First Nations and environmentalists position on placer mining has produced several documents including “BC Placer Mining High Environmental Impact VS Low Economic Return”. The similarities of this document to update 38 are startling. The Government appears to want “no” environmental impact that “upsets” the aforementioned parties or that have low financial reward for the Government. The policies in Update 38 mirror the demands of the Fair Mining Collaborative. www.fairmining.ca So the questions now are; Can we fight this? How do we fight this? When can we fight this? Who do we fight? It is clear the government only wants large scale mining operations that fund the government through taxes and other fees. Placer mining is very low on the priority scale of the government. The evidence of this is the regulations and the difficulty in obtaining a work permit in a timely manner. The minister also knows placer miners generally do not have large financial resources to fight back. Placer miners are an easy target for them to regulate, manipulate and threaten with “charges”. The ministry and its agents have absolute control over the rules and policy. The Minister through his agents, create rules or policy as they go along. This is not a fair and/or just system. The system is slow to work, fast to penalize or threaten to prosecute a miner for any infraction. There is no table or reference to any silt guidelines that are an acceptable amount of discharge for placer miners. The Ministry has a zero-discharge policy. However, there are acceptable effluent discharge limits for the pulp and paper industry. Pulp and paper effluent is toxic and can cause harm to all life forms in a river system. The Ministry of mines falsely states that “silt” is effluent. Silt fails to meet the definition of effluent as it has not been altered by any means. Silt contains only natural chemicals produced by natural processes. We are guaranteed equal benefit and protection in the law. Placer miners are entitled to “equal benefit and protection” in law. Does the fact there is no allowable silt discharge tables for placer mining, violate our rights in the Charter? Few people read Canadian laws. However, it is the means by which we can fight the Ministry of Energy Mines. Being cooperative and bending to every requirement the government demands, does not change or alter the way they treat placer miners. The Constitution Act (Charter of Rights and Freedoms) describes what we are entitled to as Canadian citizens. This law describes what is and what are our “rights”. It further Guarantees these rights to each of us without exception. The Charter at section 32 directs all governments to obey these basic rights and freedoms. Further the federal Human Rights Act protects your right to earn a living. (Section 6). If a person’s rights were violated by anyone or the government, you do have a recourse through the Human Rights Tribunal. If the government creates a policy or procedure or a regulation that impedes your ability to earn a living you may have a human rights complaint. The Minister can be taken before the Human Rights Tribunal. If the tribunal finds discrimination has occurred, the Tribunal can and will order the government to cease a discriminatory act or action. It can also levy costs and order the Government to accommodate. All these things can be done IF the Tribunal finds that your rights have been violated. A good example of how the Human rights law can help Frustration With Mines Act Policy And Inspector Demands is a case in point. Mr. Hall (a hunter) filed a complaint with the tribunal. The tribunal found the Minister of Environment violated his rights. The tribunal ordered them to accommodate Mr. Halls needs as a disabled hunter. The restrictions applied to Mr. Halls “permit” were too restrictive, the Tribunal found that Mr. Halls rights were further violated by overly restrictive conditions of his Permit. The Tribunal ordered the Minister to accommodate most of Mr. Hall’s needs. I am disabled and I have one of these permits. The permit exempts me from criminal and Wildlife Act offences. My permit is a specifically tailored defense to specific charges. A Mines Act work permit, is also a specifically tailored defense to a charge. The permit cannot be unreasonably withheld. The Supreme Court of Canada has ruled on this (Supreme Court Canada Decision; Regina VS Morgentaler.) The Work Permit offered in the Mines Act, cannot be made so difficult to obtain, that the law is held in disrepute. You have a guaranteed right to seek employment and earn a living anywhere in Canada. If the Ministry frustrates the NOW and denies or withholds a permit for any undue reason. There may be grounds there for a complaint. The Ministry may be violating the miners right to earn a living, because their demands are overly restrictive. I do recommend reading the Charter of Rights, the federal Human Rights Act and learn what you are entitled to. We will not win the fight by direct communication with the Ministry. Their policies preclude a fair interaction. Miners complaints are falling on deaf ears. The last question; Can we miners unite, form an alliance fund a legal action fund to pursue a human rights complaint against the Minister responsible? A human rights complaint can be filed and have all Free Miners as the complainant. What we would need from interested miners is your story regarding the issues of getting a Work Permit. This is evidence backed by documents, emails, letters etc that is needed to take to a lawyer for his opinion on whether or not there is a violation of your rights. All the information would be under the control of the Association. Your feedback would be appreciated. - John Olsen
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