Box 8307, Victoria BC, V8W 3R9, CANADA, (250) 592-8307
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Nuclear Ship Lawsuit Affidavits
INDEX
Full Text Available Online
- Al Rycroft, VIP Director & Coordinator, Victoria
Peace Centre
- Anne Pask, Plaintiff
- Audrey McLoughlin, leader Federal NDP
- Beverly Eileen Davis, Educator
- Bill Robinson, Project Ploughshares Researcher
- Bruce Torrie, Lawyer
- David Williams, VIP Director
- Professor Eric Fawcett
- Professor Frederick Knelman,
VIP Director
- Gordon Wilson, Leader BC Liberals
- Dr. Jan Christilaw
- John Brewin, Member of Parliament, Victoria
- John Mate, Greenpeace Campaigner
Annotated References Available Online
If you want to see one of the full affidavits that are listed below, send an
email, and we'll see if it can be added to this web site.
- Irene Louise Abbey
- Norman E. Abbey
- Alison Acker
- Rosalie Bertell
- Jane P. Brett
- Helen Elizabeth Brightwell
- Shirley Fyles
- Dr. Ann Gower
- Nancy E. Goldsberry
- Gregory P. Hartnell
- James Heller
- Major General Leonard Verne
Johnson (ret)
- Laurie J. MacBride
- Jason R. Miller
- Dr. Elinor Powell
- Dr. Paul Rosenberg
- Raging Grannies of Victoria
- Joan Russow
- Commander Roger D.C. Sweeney (ret)
- Liberal MLA Douglas Symons
- Rachel Stenberg
- Victoria Mayor David Turner
- Dr. Robert E. White
- Patricia Lee Willis
- Chief Michael Nicoll Yahgulanaas
Court File No. T2927-91
IN THE FEDERAL COURT OF CANADA
TRIAL DIVISION
IN THE MATTER OF PRIVY COUNCIL DECISIONS
1991 - 2083 and 1991 - 2084,
both dated October 30, 1991
and
IN THE MATTER OF THE ENVIRONMENTAL ASSESSMENT
AND REVIEW PROCESS GUIDELINES ORDER,
SOR/84-467
BETWEEN:
VANCOUVER ISLAND PEACE SOCIETY,
ANNE A. PASK, and GREGORY P. HARTNELL
APPLICANTS
AND:
HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA,
PRIME MINISTER OF CANADA,
MINISTER OF NATIONAL DEFENCE,
SECRETARY OF STATE FOR EXTERNAL AFFAIRS
MINISTER OF TRANSPORT, and
MINISTER OF ENVIRONMENT
RESPONDENTS
Annotated Index of Affidavits
- IRENE LOUISE ABBEY:
Voice of Women for an environmental review. A three
page summary by Dr. Jackson Davis, titled "Nuclear
Accidents on Military Vessels in Canadian Ports: Site -
Specific Analyses for Esquimalt/Victoria" is appended as
Exhibit "A".
- NORMAN E. ABBEY:
A peace worker with the Nanoose Conversion Campaign,
etc. Norm Abbey's affidavit describes the work over
time of the Nanoose Conversion Campaign, and their study
of the dangers these ships bring us. His affidavit also
describes the secrecy and stifling of public discussion
by the Defence Ministry.
- ALISON ACKER:
A member and frequent songwriter for the Victoria Raging
Grannies, she is a neighbour and kayaker directly across
the harbour from CFB Esquimalt's docks used for nuclear
and other warships. Among other concerns of Alison
Acker is the leaking of nuclear coolant into the
harbour. Exhibit "A" to Alison's affidavit is the
November 28, 1991 Times Colonist article on the USS
Longbeach, titled "Leaks from U.S. nuke ship 'prove
visits here unsafe'".
- ROSALIE BERTELL:
A distinguished Canadian radiation scientist
specializing in low level radiation. Rosalie Bertell
informs us that the permissable levels of radiation
exposure for the general public, or for workers is
currently in the process of being lowered to only 20% of
what the government of Canada now permits yearly.
- JANE P. BRETT:
A peace worker and Chairperson of the Christian Social
Action Committee of St. Aidan's United Church of
Victoria. Jane Brett describes the public concern over
nuclear war ships in our ports as evidenced during the
last two federal elections in Saanich, British Columbia.
She contrasts the relative attention our community pays
to earthquake preparedness, to the lack of preparation
and attention to preparation for a nuclear disaster.
- HELEN ELIZABETH BRIGHTWELL:
An author, Raging Grannie, and longtime resident of
Esquimalt near the mouth of the harbour. Betty
Brightwell's affidavit appends both CFB Esquimalt's
"Nuclear Emergency Response Plan" and Esquimalt's
recently passed "Emergency Plan". This affidavit
critiques the inadequacies of those plans. It also
contains research on the inadequacy of the Navy's water
sampling for radioactivity leaks.
- JAN CHRISTILAW: A physician and
10 year member of the Provincial Executive for the Canadian Physicians for
the Prevention of Nuclear War. Appended to her affidavit is a paper she co-authored
with University of British Columbia professor, Michael D. Wallace, titled,
"Military Related Threats To The B.C. Environment". Dr. Christilaw describes
the catastrophic effects on public health, both immediate and long term, in
the event of a nuclear accident.
- BEVERLY EILEEN DAVIS: A faculty member
in the education department at Simon Fraser University and the President of
the Peace and Global Education Provincial Specialist Association. Her affidavit
describes the widespread fears of children concerning nuclear disasters and
nuclear war. A letter from Prime Minister Mulroney to the schoolchild Natasha
is attached with this Respondent acknowledging the public concern among children
over the threat of nuclear destruction.
- PROFESSOR ERIC FAWCETT: A Professor
of Physics at the University of Toronto, and National Vice-President of Science
for Peace. Dr. Fawcett described unbridled militarism as the greatest threat
to humankind, and consuming financial and human resources needed to address
the manifold current threats to the environment.
- SHIRLEY FYLES:
Friend of the Appplicant Anne Pask, and a member of the
Interfaith Peace Vigil and the Christian Social Action
Committee of St. Aidan's United Church in Victoria.
Shirley Fyles describes public concern with this issue,
and her own personal interactions with a crew member of
the U.S. nuclear submarine USS Aspro.
- DR. ANN GOWER:
Adjunct Associate Professor of Physics at the University
of Victoria, and a longtime member of the Interfaith
Peace Vigil. Dr. Gower describes the campaign of her
group in displaying large yellow warning signs in homes
and offices whenever a nuclear ship has come to local
waters.
- NANCY E. GOLDSBERRY:
Farmer living in Coombs on Vancouver Island's east
coast, north of Nanaimo. As an agriculturalist she
writes of the interlocking web of life and the effects
that radioactive contamination could have in our
ecosystem.
- GREGORY P. HARTNELL:
An Applicant, longtime resident of Victoria, and the
President of the Greater Victoria Concerned Citizens
Association. Gregory Hartnell describes an environmental
review as holding the opportunity for real security and
not just empty words to the people of the capital
region. He describes this issue as transcending partisan
politics and commanding nearly unanimous public support.
- JAMES HELLER:
An articling student in the law office of Robert Moore-
Stewart. His affidavit appends a February 3, 1992,
letter from the local Songhees Indian Band, and signed
by Chief Norman George and Councillor Robert Sam. The
Songhees Band's reserve is contiguous with Esquimalt and
shares part of Esquimalt harbour. The Songhees Band
supports a public review and a ban on the docking of
nuclear-armed and/or -powered vessels in Esquimalt and
Victoria harbours.
- MAJOR GENERAL LEONARD VERNE JOHNSON (ret):
Retired Major-General in the Royal Canadian Air Force,
and retired Commandant of the National Defence College
of Canada in Kingston, Ontario. Currently Leonard
Johnson is a Director of the national organization
Energy Probe, and the Chairperson of the national
organization Project Ploughshares. Leonard Johnston
confirms that there is no strategic military purpose
served by the nuclear ship visits to Greater Victoria.
He states that these visits are conducted for
recreational or ceremonial purposes.
- PROFESSOR FREDERICK KNELMAN:
Author and Professor, with published research over
decades on the subject of nuclear technology and its
associated hazards. Dr. Knelman's has filed two
affidavits, the first on November 22, 1991. Dr.
Knelman's first affidavit goes through the literature
concerning known accidents and accident rates for
nuclear ships. Dr. Knelman points to the evidence of
lying by the U.S. Navy concerning the reality of
accident records of U.S. naval nuclear warships. He
compares the public civil regulatory schemes for siting
land-based nuclear reactors to the secrecy involved in
these naval nuclear visits to urban ports. Dr. Knelman
states that no civil nuclear reactor could be sited in
or near the port of Esquimalt without a thorough public
environmental review, even though naval nuclear reactors
are inherently less safe than civil land-based reactors.
- PROFESSOR FREDERICK KNELMAN: Dr.
Knelman's second affidavit, filed January 29, 1992, furthers Dr. Knelman's
reporting on naval nuclear reactor accident rates. He describes a near miss
meltdown incident from January 26, 1988, aboard HMCS Resolution, a U.K. nuclear
submarine, off the coast of Scotland. Dr. Knelman deals with President Bush's
recent initiatives on naval arms control. He also discusses the indemnity
policies of the U.S. Government regarding payment for nuclear accidents aboard
U.S. naval warships.
- LAURIE J. MacBRIDE:
Formerly a full-time Campaigner with the Nanoose
Conversion Campaign (1984-1990), and presently the
Executive Director of the Save the Georgia Strait
Alliance. Laurie MacBride describes the intense and
sustained expressions of public concern over U.S.
nuclear warships and their use of the Canadian Forces
Base at Nanoose, Vancouver Island, and their transit in
internal Canadian waters.
- JOHN MATE: Full-time Campaigner with
Greenpeace Canada in Vancouver. Mr. Mate headed Greenpeace Canada's Nuclear
Free Seas Campaign from February 1989 to December 1991. Greenpeace research
is presented showing that the world's nuclear navies suffered over 1200 accidents
between 1945 and 1988, losing 48 nuclear warheads and seven nuclear reactors
currently on the bottom of the world's oceans.
- JASON R. MILLER:
Student and former Canadian naval officer (1985-1991).
He discusses his knowledge of U.S. "nuclear capable"
ships from joint training exercises. Jason Miller
discusses and attaches as exhibits news articles
concerning U.S. Navy nuclear sailors who have gone
public with their allegations of routine violations of
safety standards, and leakages into ports of radioactive
coolant.
- ANNE A. PASK: An Applicant, Raging
Granny, longtime worker for peace, and retired public health nurse. Anne Pask
discusses her motivation leading her to become a party in this action. She
discusses her work for peace on the Marshall Islands in 1984 aboard the Pacific
Peacemaker. She further discusses her 1991 trip to Kiev, Ukraine, and the
Chernobyl area.
- DR. ELINOR POWELL:
Retired physician, active member of St. John's Anglican
Church Peace & Justice Committee, and Director of the
Canadian Government-funded Canadian International
Institute of International Peace & Security. Dr. Powell
reviews some of the effects of radioactive contamination
on a populated port city, and specifically Victoria and
Esquimalt.
- BILL ROBINSON: Full-time Researcher
with Project Ploughshares, formerly with Operation Dismantle. Bill Robinson
explains that the visits by the U.S. Navy to Esquimalt and Victoria are to
"show the flag" and not for strategic reasons as they have close-by U.S. bases.
While working with Operation Dismantle, Bill Robinson co-authored a booklet
in 1986 called "Unsafe Harbours: Nuclear Weapons in Canadian Ports". Two pages
of excerpts from this publication are contained as Exhibit "N" to the second
affidavit of Al Rycroft.
- DR. PAUL ROSENBERG:
An Emergency Medicine Physician who works
professionally, in part, in disaster planning. Dr.
Rosenberg, while working for the Greater Victoria
Hospital Society, evaluated for them the state of
preparedness for accidents involving nuclear-powered and
nuclear-armed warships at CFB Esquimalt. Dr. Rosenberg
reports "the municipalities of Greater Victoria do not
have disaster plans for nuclear accidents aboard
visiting warships. They have been falsely assured by the
Canadian Forces that adequate provisions have been made
by their own Nuclear Emergency Response Team. There is
no protection for the civilian population in the event
of a serious nuclear accident."
- RAGING GRANNIES OF VICTORIA:
The Raging Grannies affidavit was signed by Lois
Marcoux, Kathy Hall, Doran Doyle, Inger Kronseth, Mary
Rose, and Hilda Marczak. This affidavit describes street
theatre, sail-ins, and musical protests which the
Grannies have been involved in on the subject of foreign
nuclear warships in our ports and waters. One
overwhelming truth comes from the Grannies' experience
of reaching out and communicating on this issue with so
many residents and citizens. The Grannies report that
the great majority of Canadians are on our side on this
issue.
- JOAN RUSSOW:
A Doctoral Candidate at the University of Victoria, in
Interdisciplinary Studies. Joan Russow did a content
analysis of eight federal statutes relating to nuclear
regulation and the regulation of potential environmental
contaminants. She picked out general principles from
these Acts which support a common duty of public review
and full disclosure concerning activities threatening to
the environment.
- AL RYCROFT: A Director of the VIP
Society, and formerly full-time Coordinator of the Greater Victoria Disarmament
Group (1989-1991). Al Rycroft's first affidavit, filed November 22, 1991,
deals with the demonstration and documentation of great public concern with
this issue. The affidavit details the eight municipalities, all local Members
of Parliament, Leaders of B.C.'s NDP and Liberal parties, and many non-profit
organizations, who have openly called for a public environmental review of
nuclear warship visits.
- AL RYCROFT:
Al Rycroft's second affidavit, filed February 12, 1992,
attaches many Exhibits documenting the dangers of
nuclear warship visits, and the public outcry and
protest of their continued visits to Greater Victoria.
He appends and discusses materials such as excerpts from
the Greenpeace Neptune Papers titled "Naval Accidents
1945-1988 by William Arkin and Joshua Handler. He
appends correspondence from B.C. Premier Mike Harcourt,
from Victoria Member of Parliament John Brewin who is
the Defence Critic for the NDP in Canada's Parliament.
Both have been full and publically supportive of the
demand for a public environmental review of nuclear
warship visits.
- COMMANDER ROGER D.C. SWEENEY (ret):
A retired Canadian naval officer with 31 years service
(1950-1980). He concludes from his experience: "I know
of no naval equipment or procedure which is totally
'sailor-proof'. Anything that can go wrong in a ship
eventually will go wrong."
- MLA DOUGLAS SYMONS:
Member of the British Columbia Legislature for Richmond
Centre, sitting for the Liberal Party of B.C. Douglas
Symons has a long history as a respected peace activist.
His affidavit states that the "public interest would be
served by the holding of a public environmental
assessment of the environmental consequences of nuclear-
capable and nuclear-powered vessels visiting Victoria,
Esquimalt and Vancouver areas."
- RACHEL STENBERG:
Full-time Volunteer Coordinator for the Greater Victoria
Disarmament Group. Her affidavit gives a historical
review of the work that the Disarmament Group has done
over the years in public education and demonstration of
public concern over nuclear warship visits. The letters
by eight Greater Victoria municipal Councils requesting
a public environmental review are attached to Rachel's
affidavit. Other documentation showing widespread
support for this public review is attached to this
affidavit, including support letters from Members of
Parliament Raymond Skelly, John Brewin, and Lynn Hunter.
Representative letters are attached from organizations
including the Victoria Labour Council, Sierra Club, and
the Vancouver Island Network for Disarmament. Response
letters from the Minister of National Defence and the
Minister of Transport are also appended.
- BRUCE TORRIE: A Lawyer who has spoken
and corresponded with Admiral Robert Falls (retired), Commander of the Canadian
Navy until 1976, and Canada's Chief of Defence Staff (1976- 1980). Admiral
Falls states in his letter: "I can see no valid reason not to have an environmental
review of the subject to clearly establish the degree of risk involved in
such visits. Security reasons are surely becoming more and more irrelevant
as the cold war becomes colder and deader. I therefore wish you well in your
quest."
- MAYOR DAVID TURNER:
The Mayor of Victoria was authorized to submit an
affidavit, on behalf of Council, by a January 16, 1992,
resolution of Victoria City Council. The affidavit
states that "City Council continues to have concerns for
public safety" and is in support of a "public
environmental assessment review of visits to Victoria
and Esquimalt harbours by nuclear-powered and nuclear-
armed ships."
- DR. ROBERT E. WHITE:
A recently retired university Professor of Physics with
over 30 years experience in nuclear radiation physics.
Dr. White was a founder of Scientists Against Nuclear
Arms in May, 1983. Dr. White's affidavit in part
documents his efforts over years to get documents and
information released pertaining to disaster preparedness
in connection with nuclear warship visits to New
Zealand.
- PATRICIA LEE WILLIS:
Research Coordinator for the international organization,
Pacific Campaign to Disarm the Seas. Patti Willis is the
author of many papers, and has addressed many group on
the subject of nuclear navies and their safety and
environmental implications. Patti Willis documents
carefully three examples from her experience of the
federal government's secrecy and inadequate responses to
inquiries by the public on issues of naval nuclear
safety.
- DAVID WILLIAMS: A Director of VIP
Society, and local realtor. David William's affidavit appends the three October
30, 1991, Orders-In-Council concerning the porting of nuclear- armed and nuclear-powered
warships, and the passage of U.S. nuclear submarines through the Dixon Entrance.
Also appended to David William's affidavit is the "secret" memo from David
Barnes of FEARO (Federal Environmental Assessment Review Office) to the federal
Cabinet concerning a public review of nuclear ship visits. This David Barnes
memo is crucial, since Barnes supported the provision of a public review of
these nuclear ship visits, and told the Cabinet "It would be preferable to
follow the Process, rather than avoid it."
- CHIEF MICHAEL NICOLL YAHGULANAAS:
An elected Chief Councillor of the Old Massett Village
Council, also known as the Masett Indian Band, and a
member of the Council of the Haida Nation. Michael
Nicoll Yahgulanaas discusses the purposeful discharge of
coolant waters from nuclear-powered submarines. He
discusses the risk of harm to food sources and
throughout the ecosystem.
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