Text of the Penobsquis report and comments

Recently, the Mining Commissioner of the Province of New Brunswick released his report on the complaint by residents of the Penobsquis area regarding damage to their property they claimed was the result of mining activities by the Potash Corporation of Saskatchewan.

As is detailed below, the Commissioner’s report deals mainly with a land subsidence claim put forward by some residents. Water damage claims were withdrawn – some reasons for that withdrawal are given here. The whole story is quite an indictment of the Province’s apparent complete lack of regard for the concerns of its citizens. In short, the Province has failed to show that it ‘has the people’s back’. That, in fact, is the most alarming aspect of this decades-old story. I am not in a position to evaluate the damage claims made by Penobsquis residents, but the’ hands-off’, ‘let the lawyers decide’ attitude of successive Provincial governments is chilling.

The text of the Commissioner’s report is below. This text was formatted for this website from a PDF version of the report. Some errors may have been introduced during this formatting – for those, I apologize (please send me an email if you find errors that mislead).

I am not a mining expert and cannot comment on the technical issues here. But I will make the following comments:

1. The Mining Commissioner appears to be a lawyer and there is no evidence that he has sufficient technical backgound to judge the merits of the evidence before him. Given the powers of the Commissioner, it seems to me that it would be preferable (and more fair) if the Commissioner had considerable technical backgound in the issues at hand, but had access to legal advice where needed. Here we have the opposite – in fact, it is worse than the opposite as there is no evidence that the Commissioner had access to any independent technical advice.

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