Whitehorse Daily Star

TV star could have prevented incident, judge says

The saga of the case of Gold Rush reality star Anton “Tony” Beets is over.

By Emily Blake on August 28, 2017

The saga of the case of Gold Rush reality star Anton “Tony” Beets is over.

On Friday afternoon, Judge Peter Chisholm issued his verdict on fines that Beets and mining company Tamarack Inc. must pay after gasoline was poured into a dredge pond and lit on fire in 2014.

Beets was fined $6,000 for charges under the Yukon Waters Act for permitting the deposit of waste into a water management system and not reporting it.

Tamarack was fined $25,000 for the same two charges plus two charges for breach of a water licence.

They have three months to pay the fines.

Chisholm said the sentence should send a message to others that these kinds of breaches will be taken seriously by the Yukon courts.

“A fine should not be perceived by the offender or the public as the cost of doing business,” he said.

In this case, the charges stem from an incident in October 2014, at a mining site near Indian River in the Dawson City mining district.

It was captured in the episode “Hundreds of Ounces” in season five of the Discovery reality series.

Mark Favron, who was a welding contractor employed by Beets at the time, poured gasoline into the dredge pond, which was then lit on fire.

He testified during trial that at the end of the work day on a whim, he came up with the idea for the fiery stunt.

He said that when he asked Beets for permission to do so, Beets replied that he “didn’t give a f---.”

Favron pled guilty to two charges under the Waters Act and paid a fine of $1,725 for his participation in the incident.

In a clip from the episode, which was played several times in court, the narrator describes the event in dramatic fashion as a “Viking baptism”, intended to give luck to the dredge, which had sprung a leak.

As the music swells, Beets appears on screen outlined by the flames and shouts, “I told you guys, ‘come hell or high water,’ didn’t I?”

On Friday, Chisholm said that Beets “fully participated in this spectacle for the benefit of the cameras.”

He said Beet’s sensationalization of the event for TV showed his state of mind at the time of the incident, and that there is no evidence this has changed.

He also noted that while Beets had the opportunity to prevent the incident, he abdicated his managerial and corporate responsibilities by not doing so.

The judge said Tamarack is culpable because there was no training program in place for handling fuel nor any defined method for combatting fuel spills at the mining site.

Defence lawyer André Roothman had referred to the case as a “tempest in a teacup”.

He noted that only a small amount of gasoline was used, and claimed his client was being targeted because of his fame.

But Chisholm disagreed. He found that while neither Beets nor Tamarack have a history of prior environmental offences, the spill was serious in nature.

Given the large and remote nature of the Yukon, the judge said, there is a reliance on miners to comply with the law.

Beets and Tamarack were found guilty of the charges on May 17. Roothman and Seiling presented their arguments for sentencing on June 30.

The Waters Act charges each carry a maximum sentence of $100,000, one year in jail or both.

The charges for breach of a water licence in this case each carry a maximum sentence of $15,000, six months in jail, or both.

Crown prosecutor Megan Seiling had argued that Beets should be fined $10,000 and Tamarack $40,000.

Roothman had countered that a fine of $1,500 for Beets and $10,000 for Tamarack would be more appropriate.

Beets, who immigrated to Canada from the Netherlands in 1980, now runs a large gold mining operation near Dawson City with his family.

One of the major highlights from his mining career documented in Gold Rush was the purchase of the historic Walter Johnson Dredge in July 2015.

In the late 1930s, the dredge was built in California, then shipped to the Yukon, where it was used for only six mining seasons.

Tamarack is one of the largest privately-held placer gold mining companies in the Yukon, with 337 placer claims.

Comments (11)

Up 1 Down 1

Kevin Booth on Dec 12, 2019 at 8:37 am

Those downplaying it are just pathetic. The land belongs to those who care about it.
The penalty was actually not big enough.
Most of you are pleading for the right to "Rob Peter to pay Paul". You don't have the right to poison those currently alive as well as take the ability for those in the future to survive just so you can earn 10% ROI (which isn't all that great but is good in the mining industry).
Really... Ya'll must love Alberta oil sands too.

Up 4 Down 7

Yukon Watchdog on Aug 31, 2017 at 10:51 am

@ PSG Guess they don't like you much then, eh?

Up 18 Down 4

ProScience Greenie on Aug 30, 2017 at 12:40 pm

I've known lots of real placer miners for years Watchdog and they're way better than what is seen on the dumb TV shows. As a self-proclaimed watchdog you should try to get to know some as they're good people although they don't much like smug types.

Up 7 Down 22

Miles Ocean on Aug 30, 2017 at 12:01 pm

Think we should establish a GOFUNDME site for Tony. He is what he is but like a modern day Hamlet, he is the victim to a large extent here.

For those who feel anger and disappointment in Tony, look no further than the City of Whitehorse which has Sustainability and Official Community plans then gleefully puts motorized trails through many areas that are environmentally sensitive. Essentially they are gone forever.

The environmental footprint a small amount of gas on a tailings pile has is very low compared to taking away habitat that belongs to wildlife.

Up 12 Down 15

Yukon Watchdog on Aug 30, 2017 at 10:04 am

@PSG Are you that naive to think this happened only because it was a tv show? The best thing we can do is ban these shows? Really??? Are you suggesting that our environment will be saved simply by banning these shows? Grow up, Girl. The environment will be MUCH better served by hefty fines such as this one to indicate there is no tolerance for this kind of bs, reality show or not. It's the "I don't give a f...." attitude that needs to be banned.

Up 21 Down 12

ProScience Greenie on Aug 29, 2017 at 1:29 pm

This stunt only happened because of the stupid reality TV show thing. All the real placer miners don't do idiotic things like this.
Best thing we could do is ban all these embarrassing to the Yukon fake reality shows or take away any and all subsidies and tax breaks.

And yes, the shows are very fake.

Up 23 Down 25

bb on Aug 29, 2017 at 9:07 am

Thank you Mr. Tony Beets for pulling back the curtain on what goes on in the placer mining industry. If this is what you do IN FRONT OF A CAMERA, one can imagine what goes on when nobody is looking. I wonder what else Mr. 'I don't give a f--k', has done out there.
And look at the two comments, 'Tony is a great guy with a great environmental record', 'this is no big deal'. Two more wonderkinds supporting the placer mining industry.

This is a pathetic bunch who belong in a sandbox with no sharp objects. They do not deserve license to rip up our wilderness and have shown how much they care about our laws and environment. He should be shut down permanently, but that's not going to happen. Treating this like an 'oopsie!' doesn't come close to recognizing the attitude motivating this placer miner.

Nevertheless, I am very glad Judge Chisholm took it as seriously as he did, given what goes on up here in the Yukon in resource extraction.

Up 23 Down 6

Wundering on Aug 29, 2017 at 8:06 am

He said that when he asked Beets for permission to do so, Beets replied that he “didn’t give a f---.”
-----------
Guess he should have given a f---.

Up 24 Down 17

Just Sayin' on Aug 28, 2017 at 5:30 pm

Wow, it astounds me that the courts laid such a heavy charge for offenses we all commit everyday. How many of you spill fuel on the ground while fueling? Accumulation of those liters would surpass what Beets did. How many of you deposit down your sink chemicals such as paint thinner and other harmful products (hair dye)? How many of you have oil stains in your drive way and clean it up? How many if you wash your vehicles and watch as hydrocarbons are deposited into the rain drains? How many of you deposit plastic tampon applicators down the drain? How many people who use prescription drugs deposit their urine in the toilet? How many people watch their animal's feces get run down the rain drain? The point is that ALL members of society commit theses infractions daily, yet we are not fined. Why are business fined, but member's of society are held unaccountable? Why the double standard? The point is, those who live in glass houses should not throw stones.

Up 34 Down 40

Miles Ocean on Aug 28, 2017 at 3:35 pm

The fine was over the top excessive.
Tony has a good environmental record otherwise and has provided many samples that are of interest to academics who study the fauna that lived here thousands of years ago.

Up 34 Down 21

Groucho d'North on Aug 28, 2017 at 3:26 pm

Like a fart in a bathtub, It's a crime against the environment. What a joke! Hey BTW all you investigative reporters, what was the outcome of that AV-gas spill at the Alcan and Klondike highway intersection? It was a couple months ago, if there were any charges it should have been sorted out by now I'd expect.

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.