Yukon's former chief mine engineer accuses mining company of using defamation lawsuit to silence criticism

The Yukon's former chief mine engineer is accusing a mining company of using a defamation lawsuit to silence valid criticism of its Brewery Creek project. 

Paul Christman filed a statement of defence to the Supreme Court of British Columbia last month, describing the legal action from Golden Predator Mining Corporation and CEO Janet Lee-Sheriff as a strategic lawsuit against public participation — also known as a SLAPP suit — and asking for it to be thrown out of court. 

Christman, along with the Yukon government, were sued by Golden Predator and Lee-Sheriff in May 2021 over alleged confrontations that took place during the 2020 Vancouver Resource Investment Conference.

Golden Predator has since been acquired by Sabre Gold Mines Corp. Lee-Sheriff now serves as an advisor for the company.

Christman, at the time, was the Yukon's chief mine engineer and had previously completed a financial security assessment for Brewery Creek, located about 55 kilometres east of Dawson City.

The statement of claim alleges Christman interrupted a presentation Lee-Sheriff gave at the conference and then aggressively confronted her and her husband at Golden Predator booth over its water licence for Brewery Creek. The confrontations, the lawsuit claims, happened in front of a number of other conferece attendees and damaged both Golden Predator and Lee-Sheriff's reputations. 

Christman's statement of defence, however, largely refutes Golden Predator and Lee-Sheriff's version of events, claiming that the interactions he had with Lee-Sheriff were "limited, appropriate in all the circumstances, and not within earshot of others." 

Specifically, the document acknowledges Christman attended Lee-Sheriff's presentation but denies he interrupted it, and also says that while he spoke to Lee-Sheriff and her husband afterwards, he didn't yell, physically intimidate her or speak in a "sexist or gendered manner" as the lawsuit alleges. 

The statement of defence, however, does not dispute that Christman, in his interactions with Lee-Sheriff, contested the validity of the water licence for Brewery Creek mine and says his statements "were at the time they were made true or substantially true." 

Golden Predator did not have valid water licence, defence claims

While Lee-Sheriff said during her presentation that Golden Predator had the proper licences to operate the Brewery Creek mine, Christman's statement of defence alleges the only licences in place were related to site's closure and reclamation, not for restarting production. 

The mine was previously operated by another company from 1996 to 2001. Golden Predator took over the property in 2012.

It also points to two stop-work orders issued by mining compliance officials in October 2019 and claims neither Golden Predator nor Lee-Sheriff "have suffered any damage by the alleged slander." 

Instead, the statement of defence accuses them of advancing its claims as a SLAPP suit "for the purpose of intimidating and silencing the defendants, to chill free speech and public debate on matters of significant public importance, to obtain leverage within the [mineral resources] Branch concerning the Stop Work Orders, and other improper purposes."

"The within action lacks merit, is an abuse of process, and should be dismissed as a SLAPP Suit with costs payable to the defendant," the document says. It also adds that it's "not defamatory to question, challenge or even criticize the executive of a company about its operations and public statements." 

The Yukon government had not filed its own statement of defence as of Feb. 9. 

The lawsuit has not been tested at trial. 

Christman previously sued the Yukon government's Department of Energy, Mines and Resources, alleging he was professionally punished for raising concerns about the Golden Predator file. Among that lawsuit's claims were that Christman recommended the company post $12 million in security but that the figure was knocked down to only $1 million; the case was dismissed with the consent of all parties.