The Goderich Signal-Star, 1978-07-27, Page 64" PAGE (1 --THE GODERICH SIGNAL -STAR, THURSDAY, JULY 27, 1978
611
Province
_.
against Dow Chemical
BY JACK RIDDELL
M.P.P.
On June 9, 1978, the
Attorney General of-
ficially 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 .,snore than a
decade since scientists
established a link bet-
ween mercury poisoning
and a diet of ..fish ,from
waters in which inorganic
forms of metallic mer-
cury had, been converted
into toxic methyl mer-
cury 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 poisoning 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
announced 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
Beaverwood Fibre,
Thorold; Spruce Falls
Power and Paper,
Kapuskasing; Canadian
Johns-Mansvil1e, North
Bay; Strathcona Paper
Company, Strathcona;
and Domtar, Cornwall.
Following. a meeting
with Federal and
Provincial Ministers . on
April 7, Dow's President
refused to pay com-
pensation to those who
had lost _income as a
result of the mercury
pollution 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
company paying costs.
The Federal and
Provincial Governments
agreed to share on a 50-50
basis, the cost bf ,interest-
free loans to fishermen
and tourist - camp
operators to "tide them
over" until Dow's
liability for compensation
was established, at which
time the loans were to be
repaid. It was anticipated
that loans -to some 60
commercial 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 5,
1970 the Minister of
Energy and Resources
acknowledged the
Bay, Canadian Industries problematical nature of
i IJamilto `n
taking 'legal action;
�a'nc� � A'rrrerrc'art
. ub.ea't11 �Yi
portance of
Company in Marathon foreseeability" in the
were given until May 1 to area of the.. law of tort
eliminate mercury negligence. He
leakage to receiving acknowledged the
waters. Dow Chemical, possibility y • omaDg an
Sarnia, was given until
occurrence such asDow's
April 15. Five pulp and mercury pollution : a
paper mills were given a statutory offence.
similar ultimatum: However, on March, 14,
1971 the Provincial
Government filed a writ
in the Supreme Court of
Ontario agairtst 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 Sarnia. 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 further mercury
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 day.
It was anticipated that
this, the first government
attempt to bring action
for damage to the public
interest, 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 settlement
with Dow Chemical." He
expressed the hope that
the •lawsuit would settle
some legal. and factual
issues and -.assist -both
tiCrtr °g. a ct` >,`7,i
government in the future
resolution of these
problems."
•No charge of polluting
the St. Clair was laid
because Government
legal advisers had con-
cluded the discharged
mercury was polluting
the bed of the river rather
Knox WMS meets',,
- ... - St ae•�.rl .i,�:u... len_.. ir8:
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 fisher-
men, naw .owning the
river bed, had no fishing
rights which could have_
been damaged, by the
mercury pollution, while
the Province, assuming it
owned the fishing rights,
did nbt fish and could not
claim significant
damages when fishing
was harmed.
Rather than testing th
matter in the courts, th
Government could easily
have passed a statutory
law making Dow and any
other polluter ,of the
natural environment
liable to damages.
Now after seven long
years, the Province has
dropped the lawsuit,
accepting 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 Gover•-
nment:s.,;own lawyers and
scientists. Fishermen
have received private
settlements from the
company amounting to
$250,000.
To December 16, 1977
total costs to the
government of the Dow
lawsuit were $117,238.
Additional costs since
that date i cult in total
bf $115,000.
Incidentally, since 1971
Dow Chemical has
received grants of ap-
proximately $1 -million
from the Ministry of the
Environment of which
$921,000 has been in thea
form of payments under
the Pollution Abatement
Incentive Act.
e
e
Ida White speaks
Knox Presbyterian
Church W.M.S. afternoon
auxiliary members
numbering 43 with
guests, met at the home
of the President, Mrs.
Gordon Kaitting, R.R. 5
Goderich on Tuesday,
July 18 at 3 p.m. for a
picnic -meeting.
Mrs. Kaitting
welcomed all present and
_opened_.the ..- meeting with•
the singing of one verse of
Unto the Hills, with Mrs.
Gordon Henderson at the
piano. This was followed
by a minute's silence in
memory of Grace Bogie,
followed by prayer.
Minutes of the May and
June meetings were read
by the secretary, Mrs.
J.K. Wilson and all the
members were asked to
try and do some visiting
during the summer. Mrs.
Robert McAllister, a
patient in Victoria
Hospital, London, sent a
verbal thankyou for
cards sent to her and all
members expressed
''wishes ' for her speedy
recovery. .
The Fellowship of the
--Least-Coin was presented
by Mrs. Clayton Edward
and the offering for this
was taken besides the
regular monthlyoffering.
Miss Ida White, R.N.
missionary from Knox
Church, who has been
serving in India and is
now home on furlough,
gave an interesting talk
on her life, work and
fields of service. The
hearty applause of the
• members was evidence of
their high regard and
love for Ida White. The
President thanked her for
her sincere message and
praised her for her years
of service.
Mrs. Clayton Edward
conducted two interesting
contests where members
became acquainted and
found their lunch part-
ners after which all en-
joyed an appetizing lunch
and friendly visit.
Mrs. Gordon Hen-
derson thanked Mrs.
Kaitting for the use of her
home and hospitality.
Mrs. Kaitting replied,
wishing all a pleasant
summer holiday with
meeting to resume again
at the Church, the third
Tuesday in September.
- There was More than one way for the audience to beat the rain last Wed-
nesday evening when the Goderich Little Theatre and the Energy Con-
servation Centre presented their plays In the jail yard. Some theatre goers
had umbrellas but Jeff Strickland merely crawled under the bench he had
been sitting on. (Photo by Joanne Walters)
11.tario rant
to nine.....r
Jo eats
Grants totalling of $1,115 to help purchase
$429,758 have been ap- a music system,
proved for nine projects costumes and backdrops.
in Huron County from the ;' A grant of $710 is to to
proceeds of the Ontario + the Howick Athletic
Lottery. Culture and Association to assist with
Recreation Minister the purchase of baseball
Robert Welch said equipment . for eight
today's grants are part of teams.
the ongoing Share The Walton Area Sports
Wintario program for the Club is to receive a grant
support 'of cultural and of $51.0 to aid in the
recreational activities purchase of softball
and facilities... equipment.
To date in 1978, ,the A grant of $265 is to be
ministry has allotted made to the Wingham
$41.3 million to more than District Ministry of
4,873 groups and projects. Natural Resources
across the province. Hockey Club to assist,
A grant of $391,000 is to.
1 with the, cos'tsoftravel to
go
t�; the Village of attend :..
,.kien•ga't at assasf :with The`''' t . ---
Invltatlon'h-l� Totrrn-ament
costs of constructing a
'new community hall and
arena to replace theit old
facility which was con-
demned by the Ministry
of Labour.
A grant of $27,543 is to
- go to the . Exeter and
District Heritage
Foundation to aid in the
costs,of restoring the.
ExeteTown Hall, --
The Huron County
Library in Goderich will
use a -grant Of' $7;000 for
the purchase of Canadian
books and magazines.
A grant of $1,416 is to to
to the Dungannon
Agricultural Society to
aid in the costs of
renovations to „ their
meeting hall.
The Silver Blades
Skating Club in Dash-
wood is to receive a grant
in Parry Sound. •
The Wingham Midget
Hockey Tournament
Committee will purchase
trophies with the
assistance of a $199 grant.
Huronview
Auxiliary
At the July Ineeting.of
the Huronview auxiliary
held in the board room. 15
members answered the
roll" ca11 by -giving a
quotation or some verses.
After much sicsussion, it
was decided to hold the
fall tea and bake sale on
October 4, and it is hoped
that there will be a good
attendance at the next
meeting on August 21
when plans for the
bazaar, tea and bake sale
will be made.
ID YOU
• R.;,,,,,,,�:..
that
M Motors
is now our
new
m
dealer
right here in .
�►
Goderich.
No it's not too early!
Especially if you are planning a' Winter
Holiday. Registrations now in full swing
for ALL Sun Destinations:.
Sorry, we would like to say
Merry Christmas
:t;and did you know that they now
haVe the full line of
but many destinations are full
olrealdy!,l
THEcOACH HOUSE TRAVEL
SERVICE
59 Hamilton St..,
Goderich 524-8366
Everything! 3 doors,
5 doors. 4 speeds,
5 speeds, and
automatics. and.
and sport models.
Why not! Let's go
In and try one, or
two, or•five....
First Volvo and now Mazda' tool
•
•
VIEMMOMM
M41 MOTORS LTD.
184 East St.
VoIvotMazda
SALES: , SERVICE
Goderfch
524-7212
MEET YOU IN THE DUKE
ON SATURDAY. JULY 29th.
/; B,BIK.
THE BASE FACTORY OUTLET
"The Store That Saves You More"
APProx. size 58" x 32"
Thick 'n Thirsty
towels• with screen
. print designs.
New Shipment!
BORG REMNANTS
Choose from rubber backed or fabric backed, in a
rainbow of colours and sizes. Ideal for the car.
boat. chesterfield. or chair covers, or decoration
of vans and boats. Super bathroom carpet. Fully
machine washable.
$3 •
T -SHIRTING
By the yard or by the pound'
'PER METRE
AND UP
Watch for it! Our Gigantic
BIG TOP -TENT SALE
THURSDAY, AUG. 3 it A(IGUST 7
Thousands of dollars of special
stock for this gigantic sales event -
Specials for the whole family.
Sewing Machine
SALES & SERVICE DEPT.
Buy Now, while
Ontario Sales Tax
is at its lowest!
SEWING MACHINES
BY
• BERNINA • MORSE
• UNIVERSAL • NECCHI
• In -Store Demonstrations
SEWING MACHINE REPAIR
We do repairs to all.makes..
Bring in your machine to us.
One week service
�f.
-
SHE BA E
ACTORY
OUTLET
•"The Store that Saves You More"
on
MINS 801'S" LADIES GIRLS' a.
RAO' WEAR YARDGOOOS-
5tWING MACNINIS - POUISO GOODS _
`R005RIIS
NEW STORE HOURS: y
Monday - Saturday, 10 a.m.. 0 p.m.
Sutlday 12 noon . 6 p.m.
Highway 4 - South of Clinton at v onontro
.11