Geologist acquitted of charge of littering drill-work area

A northwestern Ontario geologist who was charged with depositing debris from a drilling project on Crown land two weeks before his work permit expired in March was recently found innocent in Provincial Court. The charge against Jack Bolen is one of many similar charges facing geologists and prospectors, particularly in northwestern Ontario, say officers at the Ontario Ministry of Northern Development and Mines at Kenora.

A recent push by the Ontario government to clean up the environment has, on occasion, put both the Ontario Ministry of Natural Resources (MNR) and the mines ministry at odds and acted to hamper area mineral exploration.

For example, MNR officers issue work permits and police the work sites that are being developed according to mines ministry requirements.

Bolen was surprised when he was charged March 15 for debris left frozen in the ice at his drilling site on Straw Lake, about 30 miles north of here.

Bolen elected to present his case without a lawyer. He stated that sub-zero weather during the drill project did not allow for complete cleanup until the ice began to thaw and release frozen logs, woodchips and a tarpaulin.

He also testified that in 20 years of experience on similar projects, cleanup was easier after an overnight thaw and that was why he had applied for a work permit to run until after the expected March 31 ice breakup.

Cold weather, however, continued to hamper cleanup and on March 28 Bolen applied to the MNR for a 2-week extension of his work permit. This extension was approved even though Bolen had already been charged.

The MNR testified in court that Bolen could have cleaned up the site daily. The ministry cited section 4 of the work permit that states “the site and campsite must be left in a clean and tidy condition at the conclusion of the operation.” The ministry’s testimony indicated that the operation was finished when the drill was moved off the ice March 7.

Bolen stated that the operation was not complete until after cleanup and he understood that he had until the work permit expired to leave the work site in a clean condition.

The MNR stated they were satisfied with Bolen’s cleanup after the charge was laid.

The court decided requirements of the work permit left room for interpretation and that while all gas and oil spills must be cleaned up immediately, other debris could be cleaned up before the permit expired.

A similar charge relating to the same drilling project has been laid against a contractor who was earning an interest in the property by drilling the claims. The Crown attorney here has indicated an interest in taking this charge to trial Nov. 16 despite the dismissal of the charge against Bolen.