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Nuclear Ship Lawsuit Affidavit

I, AL RYCROFT, Computer Systems Analyst, of 408-576 Simcoe Street, in the City of Victoria, Province of British Columbia, MAKE OATH AND SAY AS FOLLOWS:

  1. THAT I am a Director of the Vancouver Island Peace Society, and have been working nearly full time to rid Greater Victoria of nuclear ships for almost three years, and have been working nearly full time on nuclear issues for almost ten years, and as such have knowledge of the following facts and matters deposed to.

  2. THAT attached as Exhibit "x." to this my affidavit is my resume, which outlines the extensive experience I have in nuclear issues. Through my ten years full-time work in the peace and environment movements I have become an expert on nuclear-capable and nuclear-powered warships, and public opinion regarding them. My affidavit filed November 22, 1991, also includes extensive autobiographic material.

  3. THAT, according to figures released under the Access to Information Act by the Department of National Defence, nuclear-capable and nuclear-powered warships have been visited Esquimalt and Victoria every year since 1980. The following chart indicates the number of "ship days" nuclear- capable or nuclear-powered ships were in Greater Victoria from 1980 to 1990; "ship days" being calculated by multiplying the number of nuclear ships berthed by the number of calendar days they are in port.

    YEAR    No. of nuclear ship days in Greater Victoria
    1980      29
    1981      24
    1982      23
    1983      53
    1984      41
    1985      134
    1986      77
    1987      96
    1988      58
    1989      92
    1990      18

  4. THAT the need for a public environmental review of nuclear ship visits has been an issue covered extensively by the print, radio and television media in Greater Victoria.

  5. THAT, for example, in the fall of 1990 Victoria's CHEK TV News ran several stories about the spate of eight municipal councils requesting a public review. CHEK TV also produced a special 15-minute "Greenfile" program on this issue, which they aired on November 13, 1990, including the Base Commander and myself in contrasting interviews.

  6. THAT all local radio stations have run stories on the call for a public environmental review of nuclear ship visits. In addition, CFAX Radio invited myself to a live phone-in show which was broadcast on November 22, 1990.

  7. THAT the local print media has given extensive coverage to the issue of nuclear ship visits and environmental review, with many publications contributing to the dialogue. Summarized in the paragraphs below are some of the most prominent reports from the Greater Victoria print media.

  8. THAT attached as Exhibit "x." to this my affidavit is a Victoria Times-Colonist article, reported from Canadian Press in Ottawa, headlined "Clark" contradicts himself over bomb off B.C.'s coast" and published September 6, 1989. The Victoria Times-Colonist is the locally newspaper, with an average daily circulation of 80,000. The article reads, in part:

    "External Affairs Minister Joe Clark said Thursday he has no reliable information about the explosion of a dummy nuclear warhead off the B.C. coast in 1950."

    "He made the comment to reporters only minutes after he told the Commons he was aware of the explosion on February 13, 1950, when a U.S. Air Force B-36 bomber developed engine problems between Vancouver Island and the Queen Charlotte Islands and dumped its payload."

    ...

    "Clark said: 'When there are nuclear weapons, there are going to be accidents.

    There have been accidents at sea with respect to submarines carrying nuclear weapons. There have been other accidents. Those are recorded.' "

  9. THAT attached as Exhibit "x." to this my affidavit is an article featuring a front-page story in Monday Magazine, dated August 23-29, 1990. Monday Magazine circulates 55,000 copies weekly and regularly reports on the issue of nuclear ships and related public concern. The attached articles highlight the potential dangers of nuclear ship visits and the activities of concerned local citizens to oppose them.

    This Monday Magazine article features a photograph of the USS Peleliu, a nuclear-capable assault ship, docked at Ogden Point, a Victoria berthing facility operated by Transport Canada, just a ten minute walk from my home.

    The August 23-29, 1990, article also features a photograph of the water-based "Sail-About" protest of 50 boats in Esquimalt Harbour against nuclear ships. The Sail-About took place on October 28, 1989. I helped organize it.

    Concerning the nuclear weapon that in 1950 fell between Vancouver Island and the Queen Charlotte Islands, the Monday Magazine article reads:

    "Although the bomb didn't contain the plutonium required for a nuclear detonation, it was loaded with enriched uranium that was apparently dispersed when the bomb hit the sea, spreading low level radiation on the water."

    Later on the writer, Tom Henry, reports on his 1990 conversations with Jason Jenson, a "23-year old former machinists' mate on the nuclear attack sub, the USS Finnback." He writes:

    "A five-year Navy veteran, Jensen left his submarine in protest over lax safety standards. He gives a horrifying account of document falsification, cheating and incompetency. 'The Navy's philosophy for mistakes is to make a procedure for it and make paperwork for it.' he said. Jensen says last year he and a number of other workers with engine room duties were given new responsibilities without training. In this blanket promotion, sailors like Jensen were given authority for the whole engine room, a task he readily admits to being unqualified for. 'The whole navy program is not safety oriented. It is public opinion oriented.' he says. 'The whole idea is to keep the public happy about nuclear power.'"

  10. THAT attached as Exhibit "x." to this my affidavit is a copy of the Victoria Times-Colonist front-page photo & story, published February 2, 1991, documenting the running over of a boat containing myself, David Williams, and Rob Zukk, during a legal protest against nuclear ships in Esquimalt Harbour. Despite being run over by the Military Police in this fashion, with our lives threatened, all three protestors, and others, continue to "greet" the crew of nuclear ships in Greater Victoria ports, and inform the crew of the public concern regarding nuclear ships in Esquimalt and Victoria ports.

  11. THAT attached as Exhibit "x." to this my affidavit is a copy of the Esquimalt News front-page headline story of December 4, 1991, titled "Barrett wants nuclear study". The Esquimalt News is the community weekly paper serving the community of Esquimalt, within whose bounds is CFB Esquimalt, the site of most nuclear ship visits to Greater Victoria. Editor John Balogh reports:

    "The Federal Government is sticking to its positions that a public environmental review of nuclear ship visits to Esquimalt is not needed.

    But Esquimalt Member of Parliament Dave Barrett says that approach to a peace group's demands for a study simply isn't good enough."

    ...

    "Barrett says he understands Collins position that studies have been done before but he says in this day and age that information must be made public."

    ...

    "Barrett says the public needs to be 'reassured' about who is carrying out the studies, how they are being done, and what the results are.

    'There is a public right to know,' Barrett said."

  12. THAT attached as Exhibit "x." to this my affidavit is a news release issued by the national organization Lawyers for Social Responsibility on August 21, 1989. It states that Lawyers for Social Responsibility is a "national organization representing over 500 lawyers and legal scholars".

    The news release states that the 1989 Annual General Meeting of Lawyers for Social Responsibility, which I attended as an observer, declared that "the manufacture, deployment or testing of nuclear weapons is ILLEGAL under International Law." [underlined and upper case in original]

    The news release went on to quote Professor Edward McWhinney, Q.C., and distinguished Professor of International Law, on the significance of the declaration:

    "This Historic declaration by a large body of Canadian lawyers and legal scholars is a significant large step in what has been a 30 year process of step by step evolution of principles of international law on nuclear weapons, in full accord with the U.N. Charter's specific Injunction, under Article 13 of the U.N. Charter, for the progressive development of international law."

  13. THAT a plain-meaning reading of the Orders-In-Council issued on October 30, 1991, by the Federal Cabinet, make it clear that the government of Canada recognizes the potential dangers of nuclear ship visits. (The Orders are reproduced in Exhibits "A", "B", and "C" of David Williams affidavit.)

    Both P.C. 1991-2083 and P.C. 1991-2084 approve the visits of nuclear ships subject to conditions making it clear that the visits have a clear potential of harming the environment through radiation accidents. The conditions include:

    "(a) written certification by the Governments of those countries that all safety precautions and procedures followed in connection with the operation of such warships in home ports will be strictly observed in visits to Canadian ports; and

    (b) written assurance by the Governments of those countries that claims, except those covered by... that might arise out of a nuclear accident or incident will be dealt with through normal diplomatic channels."

    By restricting in P.C. 1991-2084 the "visits of nuclear-propelled warships" only "to the ports of Halifax, Esquimalt, and Nanoose", the government clearly implying that there is a special danger associated with nuclear reactor visits.

    *** PCDS ***

    The reason why only these three ports are permitted to berth nuclear-powered ships is because of the presence of Canada's NERT Teams (Nuclear Emergency Response Teams) in close vicinity. The Canadian government requested several million dollars in 1992 for capital improvements to the NERT Teams as can be seen from the Federal Government Budget attached as Exhibit "x." to this my affidavit. This multi-million dollar expenditure is in addition to the ongoing maintenance and personnel costs of the NERT Teams. Clearly the government recognizes that nuclear accidents can happen aboard visiting ships, and that reactor accidents are potentially more hazardous than those involving "only" nuclear weapons.

  14. THAT attached as Exhibit "x." to this my affidavit is a media release dated May 28, 1987, from Operation Dismantle in Ottawa. In the third-last paragraph it states:

    "No fewer than ten municipalities in three provinces have supported a call by Victoria's Mayor Gretchen Brewin and by Operation Dismantle for a public inquiry into the safety of nuclear ship visits to Canada."

    Gretchen Brewin, whom I personally know, remains committed to a public environmental review to this day, almost five years later, and is now the Member of the B.C. Legislature representing Victoria-Beacon Hill.

  15. THAT attached as Exhibit "x." to this my affidavit is a letter from Energy Probe in Toronto, signed by Dr. Norman Rubin, their Director of Nuclear Research. The letter reveals that Canada's Nuclear Liability Act exempts the insurance industry from full liability in the event of a nuclear accident. As the letter states:

    "Insurance companies have decided that nuclear power is too risky for their liking, and they won't insure you at any price against what they fear-- a Chernobyl-type accident in Canada."

    A simple glance at any Canadian insurance policy, as I have done, will verify this. For example, attached as Exhibit "x." to this my affidavit, is a Factsheet produced by the Greater Victoria Disarmament Group which reproduces the nuclear liability exemption clause in Wawanesa's standard homeowner's insurance policy. It reads, in part:

    "This policy does not cover:

    ...

    (h) Loss or damage caused by contamination by radioactive material."

  16. THAT attached as Exhibit "x." to this my affidavit are photocopied pages from William Arkin and Joshua Handler's book "Naval Accidents 1945-1988". These pages list known accidents (in boxes) from 1980 to 1988 involving the nuclear ships that visited Esquimalt or Victoria in 1989. The accidents include several collisions during berthing. As well, the following incidents are reported on these pages:

    "The USS Gurnard (SSN-662) spills 30 gallons of water containing radioactive material into San Diego Bay, California." [July 20, 1980]

    "The USS Ranger (CV-61) collides with the USS Wichita (AOR-1) during refuelling 100 miles off San Diego, California... The Wichita damages its refuelling capability. The port fuelling riggings are put out of commission, including the loss of all fuel hoses." [July 18, 1983]

    "A fire breaks out aboard the USS Guitarro (SSN- 665) during a training exercise." [May 17, 1984]

    "The USS Guitarro (SSN-665) reportedly suffers a minor mishap involving a shipboard valve while at sea." [July 31, 1986]

    Other accidents are reported from 1980 to 1988 for the nuclear ships USS Francis Hammond, USS Fletcher, and the USS Texas, all of which berthed in Greater Victoria in 1989, according to information released by the Department of National Defence under an Access to Information Request, photocopied pages of which are attached as Exhibit "x." to this my affidavit.

    With "safety" records like this, it is clear why the public is concerned about the environmental damage that could be caused by nuclear ships in Greater Victoria ports and waters.

  17. THAT a "Backgrounder" titled "Visits of Nuclear Ships to Canada", published by the Department of National Defence, and dated March 1987, is attached as Exhibit "x." to this my affidavit. The Backgrounder states:

    "Each proposed visit requires prior notification and is dealt with by Canadian officials on a case- by-case basis through normal service to service channels." [emphasis added]

    and again later:

    "These Departments [National Defence, External Affairs, Transport Canada, and National Health and Welfare] continue to be notified in advance of any proposed visit by nuclear-powered vessels." [emphasis added]

    From this Backgrounder it is clear that the National Defence, External Affairs, and Transport Canada share a responsibility for nuclear ship visits, and that each and every nuclear ship visit is a "proposal" to be dealt with on a "case-by-case basis".

  18. THAT the alleged safety of nuclear ship visits are an issue of great importance to many Canadians, including many Canadians outside Greater Victoria. Indeed, I am aware of protests against nuclear ship visits in the following Canadian places: St. John's, Halifax, Montreal, Toronto, Vancouver, Nanoose Bay, Queen Charlotte Islands, and Prince Rupert & the Dixon Entrance.

    In addition to these places, all of which have been visited by nuclear ships, or had nuclear ships transit Canadian waters near them, the environment and population of a 28-mile radius could potentially be affected by a severe nuclear accident.

    Attached as Exhibit "x." to this my affidavit are several photocopied pages from Bill Robinson & Peter Brown's booklet "Unsafe Harbours: Nuclear Weapons in Canadian Ports", published by Operation Dismantle, in Ottawa, in 1986. These pages say, in part:

    "An accidental fire or explosion of the conventional materials [in a nuclear warhead] can cause a fire which oxidizes plutonium. This plutonium oxide is carried into the atmosphere in the form of a radioactive cloud. The cloud would likely be about 28 miles long and two-and-one-half miles wide, according to a study done for the U.S. government by the Department of Energy's Lawrence Livermore National Laboratory. The cloud would move in unpredictable ways, as it follows the frequent shifts in wind direction that coastal cities experience. The map on page 17 illustrates the areas that could be contaminated in some west coast ports."

    It is clear that millions of Canadians are potentially affected by accidents from nuclear-powered and nuclear- capable ships in Canadian waters and ports. Public concern is widespread.

  19. THAT attached as Exhibit "x." to this my affidavit are two brochures published by National Defence. One is called "Nuclear Propelled and Nuclear Capable Vessels: Facts & Fallacies". hereinafter referred to as "Fallacies". The other is titled "Visits to Canada by Allied Naval Vessels Which Are Nuclear Capable (NCVs)", and it is hereinafter referred to as the "Capable" brochure.

    Answering the question, "What happens in the unlikely event of an emergency?", the "Capable" brochure states:

    "If required, this [emergency response measures] would include partial and temporary evacuation on instructions from the appropriate authority, based on information provided by DND emergency response teams on site."

    National Defence thus acknowledges the real possibilty of accident, including one so severe as to require evacuation of the population. As is documented in the affidavit of Elizabeth Brightwell, no one, military or civilian, has any actual plans for evacuation. Nor, as documented in the affidavit of Dr. Paul Rosenberg, is the medical community of Greater Victoria able to cope with a major radiological incident. The public is not protected in the event of a major nuclear accident.

    In referring to George Bush's announcement "that all tactical nuclear weapons would be removed from U.S. warships", the "Capable" brochure states that:

    "However, strategic weapons will still be deployed in submarines, and in the case of a crisis the U.S. fleet may be rearmed with tactical nuclear weapons."

    National Defence is making it clear that the off-loading of nuclear weapons is a measure that could be reversed during a crisis, and that the promised respite from the environmental hazards of nuclear-capable ships may only be temporary or illusory.

  20. THAT attached as Exhibit "x." to this my affidavit are some photocopied pages from Kim Goldberg's 1991 book "Submarine Dead Ahead". Several quotes from her book follow:

    "Moving on to surface ships, the California, which spends time at Esquimalt, has twice spilled primary reactor coolant while docked at the Norfolk Naval Base in Virginia. And the Nimitz, powered by two nuclear reactors, has the most dismal record of all. So bad, in fact, that in August 1990, four sailors walked off the deck and into a Seattle TV station. With their faces and voices electronically altered during the broadcast to protect their identities, the sailors told of widespread cheating on nuclear qualification tests, faulty hardware, over-worked crews and reactor problems. In the event of a reactor accident 'we could not contain the radiation,' one sailor stated. "

    On the following page, Kim Goldberg documents how it is part of U.S. policy to lie "deny or conceal" nuclear weapons accidents:

    "The U.S. Department of Defense directive 5230.16 conveniently permits the U.S. Navy or other government representatives to deny or conceal a nuclear weapon accident: 'Unified Commanders... may confirm or deny the presence of nuclear weapons or radioactive nuclear weapon components at the scene of an accident or significant incident in the interest of public safety or to reduce public alarm." [emphasis added]

  21. THAT I have had many conversations with Bruce Torrie, the Policy Chair of the B.C. Liberal Party, and a Research Coordinator for environment and other issues with the B.C. Official Opposition Caucus. In our conversations I have heard Bruce Torrie say:

    "The Liberal Party fully supports your efforts to secure a full public environmental review of nuclear ship visits to Greater Victoria, and we have made it clear to the Federal Government that the public interest would be served by the holding of such a review.

    And again:

    "The Liberal Party fully supports your efforts to make B.C. a Nuclear Free Zone. In the last national leadership contest all candidates declared at the Vancouver policy conference that they were opposed to nuclear-armed or -powered ship visits to B.C.'s territorial waters."

  22. THAT on January 21, 1991, Michael Harcourt wrote to the federal Ministers of Defence and Transport, with a copy to the Minister of Environment, requesting a public environmental assessment of nuclear ship visits to British Columbia under the EARP Guidelines Order (SOR/84-467). A copy of his letter to the Minister of National Defence is attached as Exhibit "x". Michael Harcourt's first paragraph says:

    "I am writing on behalf of all members of the New Democratic Caucus in the British Columbia Legislature to request a full, public Federal Environmental Assessment Review concerning the continuing use of Esquimalt harbour and its Department of National Defence docks and infrastructure, as well as the continuing use of facilities at Ogden Point in Victoria, operated by Transport Canada, for the berthing of nuclear- powered or nuclear-armed ships."

  23. THAT I have had many conversations and meetings, and much correspondence, with Victoria Member of Parliament John Brewin, the New Democratic Party's Critic for Defence and Disarmament, on the issues of nuclear-powered and nuclear- capable ships, and the need for a public environmental assessment and political review of nuclear in Greater Victoria, and all of Canada.

    John Brewin has been very active in supporting the call for a public environmental review of nuclear ship visits. He has spoken at meetings, addressed the issue many times in the House of Commons, done interviews with media reporters, written letters, made phonecalls, and provided myself and the Vancouver Island Peace Society with much help and advice in this issue.

    THAT I have often heard John Brewin call for a moratorium on the visits of nuclear-capable and nuclear-powered ships from Canadian waters until a full independent public inquiry is held on the environmental implications of such visits and transits.

    I have also called heard John Brewin call for a moratorium while a public review is held on the policy implications for Canada in accepting the visits of military vessels that refuse to reveal whether or not they are carrying nuclear weapons, and that are capable of carrying such weapons.

    Attached as Exhibit "x." to this my affidavit, is a letter dated February 11, 1991, from John Brewin. He says, in part:

    "I strongly believe that there should be a moratorium on such visits until a full independent public inquiry is held on the environmental and policy implications of such visits. I have long held this view and have expressed it in the 1984 and 1988 federal election campaigns. This policy has been endorsed by the Victoria Federal NDP Association in the past and has been adopted by the Federal Council of the NDP."

    He goes on to say:

    "This [environmental review of nuclear ship visits] is an important issue. No community would agree to a land-based nuclear power plant in its midst without a full review."

  24. THAT on February 11, 1991, John Brewin wrote to the federal Ministers of Defence, Transport, and Environment, requesting them to expedite a decision on holding a public environmental assessment of nuclear ship visits to British Columbia under the EARP Guidelines Order (SOR/84-467). Copies of his letters he mailed to me, are attached as Exhibit "x.".

  25. THAT in a letter John Brewin sent to the Minister of the Environment dated October 10, 1991, he states:

    "While there is considerable international evidence of problems arising from the nuclear propulsion and from the nuclear weapons, it has been stoutly maintained by the Department of National Defence that the visits are safe. The basis for the Department's views have never been made public."

    And later:

    "The Federal Environmental Assessment Review process is the one developed to ensure the fullest possible examination of the environmental consequences of a federal action. There is no reason for neglecting the process in this case. The consequences of a mistake are too great.

    If, as the Department suggests, there are no problems, then why not have the review so that [the] public is reassured?

    Your attention to this urgent matter is appreciated."

  26. THAT attached as Exhibit "x." to this my affidavit are several pages of a paper presented by Researcher Patricia Willis, whose expertise is outlined in her affidavit, to the New Democratic Inquiry into Nuclear Energy, held on November 25, 1986, in Vancouver. In her paper, titled "Nuclear Facilities in British Columbia: Nuclear-Powered and Nuclear Weapons Capable Warships", Patricia Willis states:

    "Even the [U.S.] Navy admits that a core meltdown involving a naval reactor is a conceivable accident and thus, 'In 1973, the Navy attempted to draw up a disaster control plan for the submarine base at Pearl Harbor. A study, entitled, Reactor Disaster Control Plan, looked at what would happen in the event of a shipboard core meltdown. The Navy found that the meltdown could go right down through the ship spilling hot radioactive materials to the bottom of the harbor. According to one of the study's authors, 'if this worst possible situtation should occur, absolutely nothing could be done about it.' ' "


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