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By JACK RIDDELL
MPP Huron -Middlesex
On June 9, 1978, the
Attorney -General officially
confirmed that the Province
has decided not to pursue its
$35 -million lawsuit against
Dow Chemical, charged
with mercury poisoning of
Lake St. Clair.
It's now more than a
decade since scientists es-
tablished a link between
mercury poisoning and a
diet of fish from waters in
which inorganic forms of
metallic mercury has been
converted into toxic methyl
mercury by bacterial action
in mud -bottom sediment.
Former Liberal Leader,
Robert Nixon, called for an
emergency debate on Dow's
pollution of the St. Clair
waterway on April 2, 1970,
citing gross mercury poison-
ing of the water and the
possible ruination of a $10 -
million fishing industry, in-
volving the livelihood of
some 3,000 people. On April
6, the Government an-
nounced a fishing ban on the
Canadian side of the polluted
waters.
Fishing was also banned in
the Wabigoon River and
Clay Lake in Northwestern
Ontario, contaminated by
the effluent from the Dryden
Chemical Company. Dryden
Chemical, Dow Chemical in
Thunder Bay, Canadian In-
dustries in Hamilton and
Cornwall, and American
Can Company in Marathon
were given until May 1st to
eliminate mercury leakage
to receiving waters. Dow
Chemical, Sarnia, was given
until April 15.
Five pulp and paper mills
were given a similar ul-
timatum: Beaverwood
Fibre, Thorold; Spruce
Falls Power and Paper,
Kapuskasing; Canadian
Johns -Manville, North Bay;
Strathcona Paper Company,
Strathcona; Domtar,
Cornwall.
Following a meeting with
Federal and Provincial
Ministers on 'the 7th April,
Dow's President refused to
pay compensation to those
who had lost income as a
result of the mercury pollu-
tion in the St. Clair water
system, while agreeing to
eliminate the source of the
mercury and to act on
O.W.R.C. recommendations
for clean-up, with the com-
Dow suit halted
pany paying costs.
The federal and' Provin-
cial Governments agreed to
share, on a 50/50 basis, the
cost of interest-free loans to
fishermen and tourist camp
operators to "tide them
over" until Dow's liability
for compensation was es-
tablished, at which time the
loans were to be repaid.
It was anticipated that
loans to some 60 commer-
cial fishermen and five
resort operators would
amount to less than $1,000,-
000 if the fishing ban lasted a
year.
In the Ontario Legislature
on June 5th, 1970, the
Minister of Energy and
Resources acknowledged
the problematical nature of
taking legal action, because
of the importance of
"foreseeability" in the area
of the law of tort negligence,
He acknowledged the
possibility of making an oc-
currence such as Dow's
mercury pollution a
statutory offence. However,
on March 14, 197.1, the
Provincial Government fil-
ed a writ in the Supreme
Court of Ontario against
Dow Canada and its U.S.
parent company, claiming
$25,000,000 for damage to the
natural environment and
loss of the fishery
downstream from Dow's
Plant on the St. Clair at Sar-
nia.
The claim included $10,-
000,000 to cover the cost of
dredging or otherwise
removing the mercury from
the bed of the St. Clair water
system, in lieu of a court
order requiring Dow
Chemical to do this. A court
order was also requested to
prevent furthermercury
pollution by the Dow Plant,
which according to the
O.W.R.C. was at that time
emitting into the River
between one-fifth and one-
half pound of mercury a day.
It was anticipated that
this, the first government
attempt to bring action for
damage to the public in-
terest, would determine
,many complicated legal
points on environmental
pollution. Premier Davis,
announcing the suit, based
on the common law of
nuisance and trespass, said
it hadn't been possible "to
effect a satisfactory settle-
ment with Dow Chemical".
He expressed the hope that
the lawsuit would settle
some legal and factual
issues and "assist both in-
dustry and the government
in the future resolution of
these problems."
No charge of polluting the
St. Clair was laid because
Government legal advisers
had concluded the discharg-
ed mercury was polluting
the bed of the river rather
than the water, and this was
not covered by statutory
law.
The crux of the dilemma
posed by tort law principles
was that the commercial
fishermen, not owning the
river bed, had no fishing
rights which could have
been damaged by the mer-
cury pollution, while the
Province, assuming it own-
ed the fishing rights, did not
fish and could not claim
significant damages when
fishing was harmed.
Rather than testing the
matter in the courts, the
Government could easily
have passed a statutory law
making Dow and any other
polluter of the natural en-
vironment liable to
damages.
Now, after seven long
years, the Province has
dropped the lawsuit, accep-
ting a payment of $150,000,
which barely covers outside
legal and consultant fees in
the long civil battle, and
does not include salaries and
expenses of the
Government's own lawyers
and scientists. Fishermen
have received private
settlements from the com-
pany amounting to $250,000.
To December 16, 1977,
total costs to the govern-
ment of the Dow lawsuit
were $117,238. Additional
costs since that date result
in a total of $125,000.
Incidentally, since 1971
Dow Chemical has received
grants of approximately $1 -
million from the Ministry of
the Environment, of which
$921,000 has been in the form
of payments under the
Pollution Abatement Incen-
tive Act.
Man on moon
coming to match
The man who took "one
small step" in 1969 will of-
ficially open the 1978 Inter-
national Plowing Match in
Huron County.
Neil Armstrong,
spacecraft commander for
Apollo II the first man to
land and walk on the moon,
will open this year's match
at 2 PM on Tuesday,
September 26. The site is the
Jim Armstrong Farm, one
mile east of Wingham on
Highway 86.
Organizers are very pleas-
ed that Armstrong, now
professor of engineering at
the University of Cincinnati,
has accepted the invitation,
FAIR OPENED — The honour of opening the 1978 version of the Zurich fair was accorded to
the reeve of Zurich Fred Haberer. The reeve received a round of applause for his efforts from
Hay reeve Jack Tinney, MP Bob McKinley, announcer Pon Beasley, MPP Jack Riddell and 1978
fair queen Rosemary Duttmann of Hensall. Staff photo
Citizens News, July 27, 1978
Page 15
TAKING A BREAK — A walkathon sponsored by the Hensall Kinsmen club raised over $1000
which will be donated to the Hensall community centre fund. While Julie Duttmann looks on,
Suzie Neilands takes a bottle of pop from Don Reid. Staff photo
Zurich fair results
Poultry
Leading the way in the
poultry section was Cliff
Pepper with 34 firsts, 27
seconds, four thirds and one
fourth. Behind Pepper was
George Tieman with ten
firsts, 13 seconds, 11 fourths
and six thirds. Also having a
number of victories were
Jack Mayhew and Mrs. John
McCart,
Cattle
Frank Falconer
dominated the cattle division
of the fair with four firsts
and a second.
Sheep
In the sheep division of the
fair Louis Emke had ten
firsts, nine seconds and four
thirds. Ed Jackson had
seven firsts, five seconds,and
two thirds. Preston Dearing
had four firsts, three seconds
and five thirds.
Grains and Seeds
Joan Van Slightenhorst
finished on top with two
firsts while Kathy Love had
a first and a second.
Vegetables
Once again, Joan Van
Slightenhorst dominated
with six firsts and two
seconds. Mrs. Herb Bierling
had a first and a second.
Pet show
Best pair of rabbits:
Randy Anger, Mark Riehl,
Allan Oesch, Raymond
Oesch.
Pigeons: Danny Weigand,
Allan Oesch.
Banties : Mark Riehl.
Unusual pet: David
Varfneste, Daniel Creces.
Best cat: Peggy Van
Wonderen, Allan Oesch,
David Vanneste.
Best dog: Edward Neeb,
Scott Merner, Melissa
Becker.
Best pedigree cat: Kim-
berly Sweeney.
Best pedigree dog: Kevin
Sweeney, George Sweeney,
Raymond Oesch, Mike
Masse.
Horse show
Open four horse hitch:
first, Cecil Wells.
Commercial team: first,
Brent Burill.
Clydesdale team: first,
Bruce Burill.
Belgian team, first, Cecil
Wells.
Percheron team: first,
William Lupton.
Single commercial heavy:
first, L. M. Munro.
Single Clydesdale: first,
Bruce Burrill.
Single Belgian: first, Cecil
Wells.
Single Percheron: first,
William Lupton.
Best dressed team: first,
Ross Young.
Best matched team: first,
Howard Ross.
Unicorn hitch: first, Bruce
Burrill.
Single roadster: first, Mac
Armstrong.
Roadster team: first, Mac
Armstrong.
Single carriage: first, Mac
Armstrong.
Gentleman's turnout, first,
Mac Armstrong.
Single hackney pony,
single shetland pony: first,
Meadow's pony stables.
Span of hackney ponies,
open carriage and hackney
pony: first, Ed Fitzsimmons.
Tandem, open, children's
bridal couple: first: Jim
Stewardson.
Child's saddle pony: first,
Scott Merner.
Belgian team light: first,
Cecil Wells.
Single Belgian light: first,
W. Annett.
Commercial team heavy:
first, L. M. Munro.
Pony to bike: first,
Meadow's pony stables.
CHANGE IN NAME
INDEPENDENT
SHIPPER
TO
United Co -
Operatives of
Ontario Livestock
Department
Toronto
Ship your livestock
with
FRANK VOOGEL
Dashwood
Monday is shipping day from
Varna Stockyard previously
Roy Scotchmer
Cali Dashwood
238-2707
or Bayfield
565-2636
By 7:30 a.m. Monday for
prompt service.
No charges on pick-up }
of smaller
businesses...
we provide:
• : Financial assistance
• ` Management counselling (CASE
• Management training
• Information on government
programs for business
Can we help you?
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See our Representatives
ROSS ARMSTRONG & DINESH RASTOGI
at: THE DEVON BUILDING,
476 Main St. S., EXETER
on: EVERY TUESDAY
'FEDERAL BUSINESS
DEVELOPMENT BANK
(Branch Office Address)
If convenient, please call collect for prior ap-
pointment 1036 Ontario St., Stratford (271-5650)