UPDATE – The Save Hullcar Aquifer Team describes the commissioner’s ruling as “excellent” but says her involvement shouldn’t have been necessary.
Spokesperson, Al Price, says legislation requires any information dealing with threats to public health must be disclosed.
He also says soil test results should reveal if the Ministry of Environment allowed too much manure effluent to be sprayed on the farmer’s field.
Price says SHAT is baffled why the government appears willing to sacrifice public health to protect agribusiness.
He describes the Hullcar Valley as a “sacrifice zone” of more than 350 people.
SPALLUMCHEEN – Information regarding a drinking water pollution problem in the north Okanagan was kept secret by the provincial government.
Now the Office of the Information and Privacy Commissioner has ordered its public release without delay.
The disclosure order is for soil test results and associated documents regarding the Hullcar aquifer in Spallumcheen which has dangerously high levels of nitrates.
The contamination comes mostly from the Jansen Farm’s dairy cow operation which has been spraying liquid manure on land above the aquifer.
The commissioner’s investigation was initiated by a complaint from the Environmental Law Centre.
It said the Ministry of Environment was not proactively disclosing public interest information it was required to under the Freedom of Information and Protection of Privacy act.
“In this case, it is clear that the ongoing risk to clean drinking water in the Hullcar Valley constitutes a matter of public interest. Residents have been under a water advisory for two years; in order to restore public confidence in the measures undertaken by the ministry, residents should have access to the soil test results and analysis that support those measures,” said Commissioner Elizabeth Denham in a news release.
The commissioner also found the ministry did not make every reasonable effort to help the ELC with its access requests.
“The duty to assist is an essential component of our access and privacy laws,” said Denham. “Applicants should never have to defend their motives for requesting information.”
In a news release response, the environment minister said their goal is to provide the public with as much information as possible and in a timely manner.
“I previously stated all information concerning sampling and testing, permitting, compliance and enforcement that can be legally shared has been made available. I also stated we would wait for the commissioner’s ruling with respect to the documents we believed we could not release, and if it was found we could legally release them we would do so. We have now received the commissioner’s ruling, and based on her findings will be releasing those documents immediately,” said Mary Polak.
The minister vows to quickly take action to ensure all staff are properly trained in responding to access to information requests.
“The commissioner’s decision gives us clarity and will guide government in future instances where information must be released in the public interest,” said Polak.
The information that must be disclosed includes Jansen Farm’s nutrient management plan which the government had withheld believing it was protected under federal copyright laws.