Will it sink or will it float?
That question is technically in the hands of a judge, but fate may intervene in the meantime.
The Artificial Reef Society of B.C. had hoped to sink the HCMS Annapolis vessel in Halkett Bay off Gambier Island in January. But lawyers for Save Halkett Bay Marine Society were in court for two days last week to argue that Environment Canada never should have issued the disposal at sea permit due to the toxic paint still on the hull.
The judge’s decision could come at any time in the coming weeks but the ship may find its way to the ocean floor on its own, according Howard Robins, president of the ARSBC.
“The thing that weighs in my mind is, is everyone aware of the condition of the ship? That has to come into the decision-making process,” he said. “It’s on borrowed time right now and has been for the last four or five months.”
If the ARSBC wins the current legal battle, it would only take a few days to get it towed into place and sunk, Robbins said. He’s not sure what will happen if the judge rules in favour of Save Halkett Bay’s petition.
“If it comes to a decision that is not favourable then what’s the solution apart from watching it sink on its own? I don’t know,” he said. “You can’t expect the ship to just sit there indefinitely with no solution. That ship should have been under water five weeks ago.”
Meanwhile, California Ships To Reefs, another group that creates artificial reefs, has also stated it is ready to buy, clean and tow the decommissioned 1960s destroyer to San Diego to add it to a marine park there.
Save Halkett Bay lawyer Martin Peters said the judge has some very complex arguments to review before rendering a decision.
“He appreciated there was some urgency but also indicated this was something he intended to take sufficient time in order to adequately deal with the volume of materials and the lengthy submissions that he heard.”
- With files from Jennifer Thuncher, Squamish Chief
