Friday June 4 Mr. Justice Melnick in Cranbrook Supreme Court denied a motion by the Erickson Improvement District's lawyer (for the purpose of granting an injunction to clear a blockade) and ordered that all issues concerning chlorination of the Erickson water supply should be joined on June 22/23 in Nelson Supreme Court, before Mr. Justice McEwan.

Defendants Ralph Moore, Lonnie Lecerf and other blockaders were elated that the more than 20 affidavits would now be transferred to the judicial hearing in Nelson initiated by the Erickson Water Users Society.

Since April 30, when Supreme Court Justice McEwan denied Sierra Legal Defense a stay on the Erickson Improvement District (EID) chlorination order of February 11, 1998, Dr Andrew Larder, in his capacity as Medical Health officer, East Kootenay Community Health Services Society, has been extremely busy trying to have the order enforced.

May 13 Dr Larder sent a letter lifting the "operating permit" of the EID, also initiating ticketing (fines) at a rate of $345 a day. Tuesday May 25, NDP MLA and Agricultural Minister, Corky Evans, in an interview with the media stated he fully endorsed a decision by the EID to seek an injunction and anticipated that the people of Erickson would soon fall into line behind
their Trustees in obeying the "law".

Late Friday May 28 Erickson residents were informed that the EID's lawyer had indeed initiated proceedings to seek a Supreme Court injunction. Thursday June 3, all affidavits were filed by defendant Ralph Moore at the Cranbrook Court registry on behalf of some 200 residents who are maintaining a picket line at their water treatment site to prevent compliance with Dr Larder's order.

Below are some of the issues raised by the affidavits:

1. The minimum chlorine residual of .2 ppm required to be used by the EID, under orders from Dr Larder and the East Kootenay Health Community Services Society, exceeds Schedule 6, Generic Numerical Water Standards, Contaminated Sites Regulation (375/96) allowable limit of .02 ppm for aquatic life and the allowable limit of 1 ppm for irrigation water. There is a belief that orchards and agricultural lands will be turned into "contaminated sites" as defined in section 26(1) Waste Management Act (RSBC 1996).
   
   
2. Affidavits from 6 residents contend that irrigation water runs directly into fishbearing streams, such as Dead Horse creek, where chlorinated water will kill fish contrary to sections 32, 34.1 and 35 of the federal Fisheries Act.
   
   
3. The "Operating Permit" issued under the Health Act Fees Regulation only covers "water purveyor" and "waterworks system" as defined under section 1 of the Safe Drinking Water Regulation. As such the EID holds 27 separate water licenses for waterworks and irrigation purposes. Dr Larder is therefore being challenged as to whether he has legal jurisdiction over the operation of the irrigation licenses as specified in sections 745 & 748 of the Municipal Act (where the EID is given "sole right"), and where affidavits from at least 9 Creston Valley residents contend that chlorination will cause harm to agricultural and related business operations. Jan and Behruz are two 14 year old high school students who
   recently came second in the environmental section of the national science competition, for their study on the impacts of chlorinated water on lettuce plants.
   
   
4. In his letter of May 13th to the EID Dr Larder cites violation of section 5.1 of the Safe Drinking Water Regulations. Section 15(1) of the Charter, stipulates that:
   
   "Every individual is equal before and under the law and has the right to equal benefit of the law without discrimination based on race, national or ethnic, color, religion, sex, age or mental or physical disability".
   
   The Defendants are therefore maintaining they have a right to prevent chlorination until such time as the EID "provide(s) potable water to all users", as determined in a parallel unanimous Supreme Court of Canada decision concerning the rights of disabled Canadians in Eldridge v British Columbia (Attorney General).
   
   Affidavits from at least 7 Kootenay region residents (5 from Erickson) contend that addition of chlorine to the water supply makes the water both less potable and less useable for domestic purposes, and that these persons as a class of persons who are sensitive to chlorine will also face the additional jeopardy of having to incur considerable expense to to try and render the chlorinated water harmless to themselves. An affidavit from one business person contends that $6,000 will be needed to try and remove chlorine from the water supply of his business operation.
   
   
5. Two residents contend that they have previously moved to avoid chlorinated water and would be forced to move again contrary to section 6 of the Charter, which stipulates that Canadians and permanent residents of Canada have a right to reside and work wherever they like in Canada.
   
   
6. There has been much reference to the law and upholding of the law by various parties to the Erickson chlorination dispute. The Defendants therefore argue that if section 15 and 6 of the Charter applies to the above persons in paragraphs 7 and 8 , then so does their legal "right to life, liberty and security of person" apply under section 7 of the Charter.
   
   
7. The affidavits from a septic system businessmen and property owner indicate how septic systems will be impacted, and how the Medical Health office's own staff advised against use of chlorine bleach, etc when one resident installed their new septic system.
   
   
8. One affidavit contends the Medical Health Officer for the East Kootenay Community Health Services Society is unevenly applying the Safe Drinking Water Regulations, in that the EID has been denied the right to use point-of-use filtration/ultra-violet disinfection system while schools in Yahk, Canyon, Erickson, Wynndel, Crawford Bay, Kaslo, and Meadow Creek (and the hospital in Kaslo) have been approved to use this system since 1992 - without any negative consequences.
   
   
9. Three medical doctors have now also filed either affidavits or letters taking issue with Dr Larder contentions, including the former chair of the BCMA's Environmental Health Committee.
   
   
10. In the event that chlorine starts flowing through the pipes of Erickson, the 15 year long friendship between Corky Evans and Ralph Moore will end, as Ralph has publicly stated his intention to initiate the recall of his MLA for his failure to represent the people of Nelson-Creston.

For more information please call Ralph Moore at: (250) 428-7479
or Lonnie Lecerf at: (250) 428-7832 or e-mail at: peasant@kootenay.com

Please note: Mr. Lecerf has a considerable number of photographs that are available and can be e-mailed as jpg files.