Tuesday, June 22, 1999, Ralph Moore of the Water Action Group (WAG) blockaders in Erickson was granted full intervenor status in the Erickson Water Users Society BC Supreme Court judicial review of the February 11, 1998 chlorination order. After two hours of argument in front of Mr. Justice Melnick (who replaced Mr. Justice McEwan) Ralph was granted standing, but the judge stayed his right to raise constitutional issues as it was unclear as to the disposition of the federal government in the matter. The provincial government had previously declined to participate in a constitutional review, but Dr Larder's lawyer raised technical concerns about proceeding without the federal government either signing off or deciding to participate.

The judicial review now moves to Cranbrook on July 20 as the lawyer for Dr Andrew Larder (who is the Medical Health officer, East Kootenay Community Health Services Society) was not prepared to argue the case without having a chance to digest the new issues that Ralph wishes to raise. In the interim Dr Larder agreed to stay his chlorination order pending the outcome of the judicial review, as WAG had previously offered to take down their blockade on the condition that neither Dr Larder nor the Erickson Improvement District proceed with chlorination at this time.

Dr Larder had previously stopped fining the Erickson Improvement District $345 a day when Justice Melnick declined to grant an injunction against WAG during a hearing in Cranbrook on June 4. WAG will formally take down the blockade on June 23 since both Dr Larder's and the EID's lawyers agreed to the WAG condition in a chambers meeting with Justice Melnick Tuesday afternoon.

During discussions for a future court date Ralph informed both Justice Melnick and the two lawyers representing the EID and Dr Larder that he intended to refile the constitutional motion in time for the July 20 hearing in Cranbrook. Throughout the proceedings Ralph was supported by Erickson Water Users Society lawyer David Thompson of Sierra Legal Defense Fund (who consented to have WAG as full intervenors in the case), and the tacit approval of the EID lawyer who wanted the matter fully aired before it went to an injunction hearing.

This is probably the first time in BC, possibly Canada, that a community has forced a medical health officer to roll back a chlorination order - even temporarily. After a 55 day stand-off with their own trustees and a Medical Health officer, the 125 people who manned the blockade are hopeful that a full airing of the issues will see chlorination of their water supply permanently stopped.

To date, in addition to the now joined legal action, 300 households have placed "no chlorine" signs on their lawns in Erickson, and this number is expected to rise as the signs are now being sold in Kaslo too. Each sign costs a minimum of $10 as a means to raise funds for WAG's legal costs. WAG signs can be ordered by phoning (250) 428-7832.

The Erickson Water Users Society can also be reached by phoning their chair, Russel Lahti, at (250) 428-7829. They are also raising funds to cover their legal costs and have had to place a bond in order for the judicial review to proceed. For a community of only 850 households this has been a tremendous struggle just to get this far. Your support and encouragement would be very much appreciated.

You can send messages of support to EWUS via Russel Lahti at:
rusellahti@kootenay.com

You can send messages of support to WAG to:
peasant@kootenay.com

You can also visit an information display at the Kootenay Coop in Nelson or visit the Tin-Men website at:

1. http://tinmen.org/chlorine/chlorine1.html (Some background on the establishment of the blockade)
2. http://tinmen.org/chlorine/chlorine2.html (Ministry of Health Turns Neighbour Against Neighbour)