'Nothing less than bullying': Manitoba councillors say silica company considering legal action against them

‘Nothing less than bullying and intimidating us’ Councillors who oppose a silica plant project in Manitoba allege the company is threatening them with legal action. Danton Unger explains.

Two Manitoba councillors say the company behind a controversial silica sand mining project is considering taking legal action because of their outspoken opposition.

Alberta-based Sio Silica wants to set up a silica sand mining operation in an area near Vivian in southeastern Manitoba. This would include extracting up to 1.36 million tonnes of silica sand per year by drilling more than 1,000 wells in the area.

It's raised fears within the RM of Springfield that the project could contaminate their drinking water.

Dozens of residents showed up outside the Springfield municipal office Thursday for a rally opposing the project.

It comes as area councillors Mark Miller and Andy Kuczynski say they received a letter from a lawyer representing Sio Silica. The letter says the company is considering "action for misfeasance in public office" over the two councillors' continued attempts to "delay and disrupt" the project.

“I think that’s nothing less than bullying and intimidating us,” Miller told CTV News.

“They certainly have their opportunity to provide input and guidance to us. We appreciate that. We know the importance of this project. There's economic benefits, and, of course, there's prosperity and tax revenue for us. But we have to look on the other side of the ledger, which includes environmental impact."

At a June 19 special meeting of council in Springfield, Miller and Kuczynski voted against a development agreement that would approve the construction of a Sio Silica sand processing facility near Vivian, Man. With their votes, along with the abstention of another councillor, the development agreement was defeated.

The councillors cited the fact that a Clean Environment Commission report stated concerns about the facility’s impact on drinking water, and that side scan sonar revealed the possibility of sinkholes. For these reasons, Miller and Kuczynski believe the project is too dangerous to approve.

Now, the two councillors say they are concerned about the letter from Sio Silica, adding they are trying to represent the concerns of the people living in the rural municipality.

“We’re certainly concerned about letters coming from a corporation that wants to basically twist our arm or use tactics that would want to influence councillors who are publicly elected,” Miller said.

In a statement to CTV News, a lawyer representing Sio Silica said the company had requested council reconsider its earlier decision seeing that three of five council members had previously openly endorsed the development agreement.

"The suggestion that Sio Silica has attempted to silence, bully, intimidate or “extort” anyone is plainly false," the statement reads. "At no point did we suggest that Council members would be sued if they do not reverse their previous vote on the development agreement."

The statement goes on to say the company is reserving any further comment at this time as the matter is set to go before the Municipal Board in October.

The two councillors are currently supporting a private citizen's referendum to gauge resident's support or opposition to the project. The referendum runs until Sept. 18, at which time the councillors say they will take the results to the province where the ultimate fate of this project rests.