Whitehorse Daily Star

Company is fined $43,700 for violations

Gladiator Metals Corp. was fined $43,700 Wednesday for six offences related to violating its class one mining permit under the Quartz Mining Act.

By Cassidy Bronson on September 1, 2023

Gladiator Metals Corp. was fined $43,700 Wednesday for six offences related to violating its class one mining permit under the Quartz Mining Act.

The charges against the Australian-based mining company related to work conducted around the Cowley Creek area.

A protest was held Aug. 15 outside the law courts building where more than 30 residents and concerned citizens expressed their dismay about the company’s operations and environmental disruptions.

Gladiator pled guilty to all six charges on Aug 18.

The charges addressed the company’s mining exploration activities between April 24 and May 12. For the following six counts, the company was fined:

$10,000 for creating clearings larger than 400 m2;

$7,500 for upgrading access roads;

$4,500 for disturbing the area without prior approval by the Heritage Resources Unit and possibly disturbing archaeological artifacts (an assessment is still underway);

$10,000 for removing the vegetative mat without storing it for use to restablish it;

$5,000 for failing to contain drill fluids in a sump; and

$1,000 for rutting and gouging roads and trails.

After the charges were laid, Gladiator paused work on the project.

The fines totalled $38,000 before a 15 per cent surcharge, which raised the amount to $43,700.

The maximum penalty amount for counts 1, 2, 4, 5, and 6 is $20,000, while count 3’s maximum fine is $5,000.

Territorial court Judge John Phelps gave Gladiator a week to pay the fines.

During sentencing, four community impact statements were read from various community associations concerned about Gladiator’s violations and damage done to the area.

Yukoners Concerned, the Cowley Creek Community Association, the Mary Lake Community Association and the Carcross/Tagish First Nation presented similar concerns regarding Gladiator’s work.

They cited loud noise, heavy machinery, environmental impacts, water contamination, and negative impacts on the area’s caribou population and other wildlife.

The Cowley Creek Community Association’s impact statement said Gladiator took shortcuts and acted recklessly to advance its work.

The associations’ collective response was that Gladiator had abused public trust and reinforced negative views about mining in the Yukon.

Some, however, said they are not opposed to development in the area if it’s done responsibly.

The company’s lawyer, Grant Macdonald, said it has substantially complied since the charges were laid earlier this year.

Gladiator has accepted responsibility, has not disputed any of the charges, and has conducted reclamation work on the site.

Macdonald also addressed the leaking drill fluid concerns. He told the court that the “fluid” was a mud slurry caused by water mixed with finely ground rocks and did not contain any chemicals or hydrocarbons.

Macdonald also noted that Gladiator does not have any prior convictions.

He said the company intends to continue work with its existing permit and will be making every effort to utilize existing trails and clearings.

Macdonald also added the fines would be paid within 24 hours of the sentencing.

Gladiator’s work is being monitored by the natural resource officer.

The Yukon Chamber of Mines did not respond to several requests for comment the Star has made.

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