Ex-star had wanted to work on site, court told
A former Yukon mining reality TV star
A former Yukon mining reality TV star has been fined more than $140,000 for failing to properly decommission his placer mining operation.
Last June, Kenneth Foy, 44, pled guilty to three charges under the Yukon’s Placer Mining Act and one charge under the Environment Act.
In a joint submission presented Thursday afternoon, Crown prosecutor Julie DesBrisay and defence lawyer Mike Reynolds agreed that a total of $145,000 in fines would be an appropriate sentence for the charges.
Judge Peter Chisholm approved the submission. He gave Foy one year to pay the amount, the maximum time permitted under the legislation.
Foy received the maximum fine, $20,000, for each of the Placer Mining Act charges.
The Environment Act charge, for which he was fined the remaining $85,000, carries a maximum fine of $300,000, six months in jail or both.
DesBrisay said fines should not be a licence fee for committing an offence, but show that it won’t be tolerated, and reflect community disapproval.
She noted it could cost the government hundreds of thousands of dollars for cleanup of the site, which may include testing and separating and disposal of hazardous materials,
Foy is a lifelong miner from Port Moody, B.C. who starred on the Canadian reality series Yukon Gold.
At sentencing, he gave an emotional statement to the court expressing his remorse and regret for the infractions.
Foy said he takes full responsibility for his actions and apologized to his family, miners and the Dawson community.
He said he was embarrassed by the “black eye” to the Yukon mining community that he has been part of for 26 years.
“I will demand more of myself if I decide to work in the industry again.”
While Foy had pled guilty early on and an agreed statement of facts was submitted on June 6, DesBrisay said there was a delay in sentencing due to “months of discussion and negotiation.”
Reynolds noted it was a “very collaborative and open and comfortable process” that his client was actively involved in.
Foy was originally facing six charges for contravening his Class 4 placer mining licence, along with the Environment Act charge and two charges under the Water Act. The additional charges were stayed by the Crown.
From the spring of 2012 to June 2014, Foy ran a mining operation on Moose Creek, approximately 125 km from Dawson along the Top of the World Highway.
It spanned 26 placer claims across an area 610 metres wide by four kilometres long.
Reynolds told the court that troubles began in 2013, when Foy took on an investor, but that mining season didn’t go well.
As a consequence, the investor seized equipment and told Foy there could be legal consequences if he returned to the mining site in 2014.
Foy complied, as he wasn’t sure of his legal rights at the time, but said he regrets not seeking legal counsel.
That fall, he discussed a reclamation plan with the Department of Energy, Mines and Resources with intentions of starting cleanup in 2015.
And he attempted some remediation at the general worksite, spending $30,000. But Foy was unaware that he needed a permit to do so, which led to infractions.
In July 2015, while Foy said he had completed the cleanup, a natural resource officer discovered that it was not in compliance with the established plan.
Piles of tailings had been left behind and disturbed areas were not left in a state conducive to re-vegetation.
DesBrisay noted that this could cause long-term soil erosion and sedimentation of the creek.
Two unusable vehicles and several structures were also abandoned at the site.
And a “bone yard” or waste disposal site was littered with discarded and partially-buried materials. including tires, pallets, scrap metal, 45-gallon drums, and scrap wood.
Foy was charged for the offences in 2016.
He had planned to return to the site this past summer to complete some remediation work, which would have been a mitigating factor in sentencing. But that didn’t happen.
Foy said after it become publicly known that he was facing charges, he had difficulty finding work, which made the reclamation work financially impossible.
“Mr. Foy really did want to return to the worksite this summer and do some reclamation work,” Reynolds told the court. “He’s extremely regretful that was just not in the cards.”
Comments (12)
Up 4 Down 1
Reel Deel on Sep 6, 2021 at 6:15 am
It appears that Ken had genuine intentions and was worked over by a Silver tongued money man. Ken should have sought legal advice in hindsight. However, whoever this investor was or is, he should hold part of the blame and share in the fines!
If he’s the reason Ken got crippled then he has a responsibility to these charges.
All of you that are so quick to lock him up and throw away the key should understand the circumstances before wagging your crap tongues spreading hate.
Ken wore his emotions on every episode I watched. I cheered for he and Giumme.
They were trying to provide for their families!!!
Shame on you!
Up 5 Down 0
Charles Ruffing on May 30, 2021 at 1:20 pm
All you see is old rusted out rigs all over the Yukon.. Everyone pointing fingers at Ken is guilty themselves.
Up 8 Down 13
Fed johnson on Dec 10, 2020 at 6:43 am
Miners should put the land back how they found it. He should have had jail time and fined $300k .
Up 15 Down 3
Orrin J. Garn on May 3, 2020 at 12:23 am
As the "Buzzard" said: "If it isn't grown or mined it doesn't exist!". Give the miners a break. I'd rather look at an abandoned placer mining site than a bulldozed wilderness area destined to become another cookie cutter gated community or industrial complex that only benefits a very few people and never will be reclamated. Furthermore this was strictly a placer operation and no harmful chemicals were used as opposed to big corporate mining operations that seem to be above the law.
Up 18 Down 14
Christine Hall on Dec 30, 2018 at 6:01 pm
I think people better try and get facts straight to bad people who do not understand mining like I do . Ken has a son and wife to support the people who attack Ken should look at that.
Up 13 Down 23
John Brandt on Sep 27, 2018 at 2:19 pm
He should have been charged the max. plus the jail time! I would say more like the million that it might cost. I love the show but I could see the type of guy he is and that's in front of cameras. I bet he did a lot more then they were able to find. That's just the tip of what he's guilty of. There's employees that never got paid plus businesses that were out of money. Ken I'm pretty sure this isn't the end of your problems wait till you get sued for the people you burnt... Just saying
Up 45 Down 8
George on Aug 10, 2018 at 7:38 pm
I wonder why I see abandoned buildings, old dredges and old equipment littering the YUKON landscape, but ONLY KEN FOY was charged with breaking environmental laws. Where was these gestapo troopers during the past 40 yrs??
Up 19 Down 9
ralpH on Oct 9, 2017 at 12:26 pm
@ProScience Greenie You are absolutely right. They run around like They are celebrities, but in reality, people want to meet them, to see what would make someone make a fool of themselves in front of millions. And on top of that embarrass ALL Yukoners. Could it be money?? Got to say though a couple of miners on the one show do make it realistic and use their own equipment to mine.
Up 34 Down 11
Miles Ocean on Oct 8, 2017 at 3:39 pm
Why not put a lean on his assets and until he cleans up the site himself.
Would be a much better message than the inevitable, I do not have the money, delay, delay, delay and the fury of the court will get lost in a few years.
Up 24 Down 22
beven on Oct 8, 2017 at 6:14 am
Poor ken. I feel for you. Keep you're chin up bro
Up 55 Down 31
ProScience Greenie on Oct 6, 2017 at 4:36 pm
More crappy fallout from the stupid gold mining reality TV shows and their bottom of the barrel crews of miners. None of them should ever mine again and there should be a ban on these embarrassing and unrealistic reality TV shows in our Yukon.
Up 41 Down 13
Yukoner on Oct 6, 2017 at 4:18 pm
Foy said “I will demand more of myself if I decide to work in the industry again.”
I sure hope he is banned for life to get a license in Yukon again.
And “Mr. Foy really did want to return to the worksite this summer and do some reclamation work,” Reynolds told the court.
Not regretful enough to really go and clean up I guess.