This case was heard in the Provincial Court of Newfoundland and Labrador.

Vale Newfoundland and Labrador Limited ("Vale"), a mine operator, discharged treated effluent into Edwards Cove in Labrador as part of its ordinary operating procedures. The discharge was legal and was also monitored. In October 2011, Vale sent a sample of the treated effluent to a laboratory. The laboratory tests characterized the treated effluent as being acutely lethal, and Vale was charged under the federal Fisheries Act with having deposited a deleterious substance into waters frequented by fish and with having failed to take all reasonable measures to prevent the deposit or to counteract, mitigate, or remedy its adverse effects.

The Court dismissed both charges after finding that the Crown had failed to prove the validity of the lab results.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlpc/doc/2016/2016canlii5779/2016canlii5779.html

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