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BR Sask Spill Records Sealed – CP
by ahnationtalk on January 18, 2018111 Views
Source: The Canadian Press – Broadcast wire
Jan 18, 2018
REGINA – A Saskatchewan judge has ruled that 93 of 96 documents related to the Husky Energy pipeline spill into the North Saskatchewan River should remain out of the hands of government lawyers.
The documents were created by Husky after the 2016 spill of 225-thousand litres of oil that prompted a massive, months-long cleanup.
They include records on the Calgary-based energy company’s internal investigation of the accident, control room and alarm histories, as well as reports from experts.
Soon after the spill, lawyers for Environment and Climate Change Canada obtained a warrant demanding access to the files, including Husky’s internal investigation records.
Husky’s lawyers argued that 96 out of 25-thousand documents should be protected because they either contained legal advice between the company and its lawyers, or were written in preparation for a future lawsuit.
The Crown argued Husky was obligated to investigate the spill and report its findings to authorities.
But Court of Queen’s Bench Justice Jeffrey Kalmakoff (KAL’-muh-kahf) ruled the reports were being drafted to prepare for an upcoming lawsuit and should be protected.
However, he noted that any information Husky uses in any future trial would — quote — “likely be viewed in a different light,” and any documents protected by litigation privilege would not be protected after any civil lawsuits were resolved.
Saskatchewan’s James Smith First Nation launched a lawsuit against Husky last year.
No criminal charges have been laid against the company. (CBC)
(The Canadian Press, Online Out)
INDEX: ENVIRONMENT JUSTICE
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