British Columbia

Company charged over deaths of dozens of fish in West Vancouver creek

Keller Foundations Ltd. faces two charges under the Federal Fisheries Act, following an incident in 2018 in which dozens of cutthroat trout were killed in a West Vancouver creek.

Contractor working for transportation ministry charged with depositing deleterious substance in Larson Creek

About 76 dead cutthroat trout, including this one, were found at Larson Creek in West Vancouver last week.
About 76 dead cutthroat trout, including this one, were found at Larson Creek in West Vancouver in April 2018. (John Barker)

Four years after an incident that killed 76 cutthroat trout in a West Vancouver stream, a contractor that was working for the Ministry of Transportation is facing charges under the Federal Fisheries Act.

Keller Foundations Ltd. has been charged with two counts of depositing a deleterious substance in connection to the April 30, 2018, fish deaths.

John Barker was president of West Vancouver Streamkeepers at the time, which helps develop and maintain best practices for protecting stream habitat. He said he was shocked to see the dead fish littering the banks of Larson Creek, near Gleneagles Golf Course.

"It was a crushing blow to us," said Barker on Tuesday. "It's hard to believe anything surviving the plume that went through."

He said even the worms in the creek were killed, and he had doubts the trout would be able to rebound from the devastation.

A construction worker is seen near Larson Creek in May 2018. The contractor, which was working for the Ministry of Transportation, has been charged in connection to the death of 76 fish in the creek. (Rafferty Baker/CBC)

At the time, the Ministry of Transportation said the incident was the result of "a pressure test on some equipment using clean water and then disposing of the water within the project site."

"The water unexpectedly caused erosion which infiltrated the ground and caused turbid water to flow underneath the surface to a nearby culvert and then enter Larson Creek," said the ministry.

The charges against Keller Foundations Ltd. were sworn April 5 and filed in North Vancouver provincial court.

Barker, who has since given up the role of West Vancouver Streemkeepers president, continued to closely follow the case, checking in with the fisheries investigator assigned to the case nearly every month.

"We expected charges to be laid. It wasn't like there was a mystery where it might have happened," he said. "It's just a tragic thing that occurred."

John Barker, former president of West Vancouver Streamkeepers, inspects Larson Creek in May 2018 for any trace of the trout that were killed there a week earlier. (Rafferty Baker/CBC)

With news of the charges, Barker says he's happy to know the incident "hasn't been brushed under the carpet."

"We're delighted to be where we are today, with some accountability," he said, adding that if the company is found guilty, he hopes any fines could go toward fish habitat rehabilitation work. 

As for the Larson Creek cutthroat trout, Barker says they've surprisingly managed to avoid total eradication and are now in the process of slowly recovering — he estimates the habitat and trout population are now at roughly 50 per cent of what they were before the incident.