minions, from Smrke through Werner, Serin, Byberg, Power, Allan and O’Sullivan to name but a few, and others
were in daily contact with her; she had a formal reporting regime in place. As well, the same can be said of her
evidence that she gave Byberg full financial rein to keep Royal Oak’s mining operations alive. Byberg disagreed
with that statement when put to him, and I accept his evidence in that respect, for that complemented her bottom
line focus. As well, she had knowledge from the media, various levels of government and CASAW Local 4, and so
in face of that she cannot pass off intimate knowledge, particularly given her admission that she was concerned
with what was happening at Giant. Her memory was clear of incidents at the mine that affected production. It
must be said that, despite advice of dangers that were said to be given birth during this strike, her management
personnel gave assurances of safety and security to those who were contemplating crossing the picket line and to
those who had done so, including the contracted miners who were treated as Royal Oak’s own. Her words, in
effect to her detractors, suggesting the use of replacement workers was a dangerous tool for maintaining
production throughout, were “JUST WATCH ME”.
Byberg, in particular, went further in assurances; these assurances were given in face of Chris Neill’s and O’Neil’s
lives being threatened on May 24 on the heels of their plea that Royal Oak was willing to negotiate changes to the
tentative agreement. In addition there was the attempt on the life of Tolmie whose pickup was rammed on May
26 by strikers, hospitalizing him, in underscoring the personal safety; Byberg’s assurance in essence was that
because of the presence of Pinkerton’s, the property was secure and safe for them to go back to work; and this in
face of his belief before September 1, that he was concerned someone could be killed, and his letter of September
16 to The Yellowknifer newspaper expressing concern that “innocent lives are put at risk”. These assurances
continued even following serious incidents such as the vent shaft explosion. I note, however, that no one from
Royal Oak informed their workforce that they could not determine how those involved in the graffiti run gained
entry to the site.
It cannot be said that Royal Oak treated its obligation to protect its workers with gay abandon. It did as its
counsel argued; inter alia, it engaged Pinkerton’s for security when Cambrian was driven from town by the
strikers, enhancing security of buildings onsite and entrance ways to the mine. In response to a greater level of
activity than was anticipated, it increased its security force and, when it perceived, though incorrectly, a later
decreased level of activity, reductions were made, in consultation with Pinkerton’s. Unfortunately, it did too little
and for the most part it was always too late or too poorly done to withstand the strikers’ determination to “bring
the company down”. Often, measures were directed to be done, but no one checked later to see that they were.
Furthermore, more often than not, little or no real investigation of some incidents was done. Pinkerton’s and
Royal Oak personnel often assuaged each others expressed concerns about security, and the evidence clearly
indicated each relied on the other’s assurances to the detriment of those affected, as the real truth was not being
passed on.
If the incidents appeared to be criminal in nature, the RCMP were called. Occasionally the mining inspector of
the day paid a visit. As the strike wore on, Royal Oak became less communicative with Pinkerton’s to the point
where Witte would not acknowledge St. Amour’s telephone calls and letters. At the same time, Royal Oak had
forced Pinkerton’s to reduce security to a dangerous level and refused to allow new technology to be acquired or
considered; non-economic consequences were never of interest to Royal Oak.
Counsel for Royal Oak argued that there was a general calming after June 14, attributable in part to the RCMP
enforcement of the May 23 Injunction on June 12. This was a perception that was ill-founded; the strikers were
busy plotting while those concerned and affected had been lulled into a sense of relief. The evidence of what then
occurred told the story. The RCMP sergeant in charge disagreed with his superiors’ removal of their additional
resources by July 15 and the downsizing of other resources, and, by September, nighttime RCMP patrols were
Although the hiring of Pinkerton’s was lauded as the answer to control the rowdy strikers as the former was
perceived to be the largest, best-equipped security company on this continent, its performance was, as I will later
indicate, dismal. Its lack of records was a shocking reminder that it believed its presence alone was sufficient to
discharge its contractual obligations, and no record keeping was required. By late July, Byberg convinced
Pinkerton‘s to reduce the guards to 20. That was the beginning of the downward spiral. Royal Oak was even
more focused on the bottom line and began ignoring Pinkerton’s recommendations for electronic security.
As incidents of threats and vandalism increased, including theft and use of explosives in different areas, such as
the vent shaft, the satellite dish and the tailings pipe, there were either no changes or no appreciable changes
made or some of the too few Pinkerton’s guards were sometimes shifted to the newly vandalized sites, all of this in
face of Pinkerton’s urgings that security was inadequate, particularly when the many incursions of the likes of
Shearing, Bettger and Legge, to name but a few, was so well broadcast around town. Even Warren found such a
lack of security; he took extreme delight in roaming about at night and being enabled to do so when he so easily
determined the roving schedule of Pinkerton’s. Warren’s escape route, the I-38 portal, was as poorly guarded as
Akaitcho, enabling Warren to exit unnoticed. One would think that Akaitcho, remote, prominent and an easy
entry to the 750-foot level, would and should have been sealed, not subject to roving patrols. It was suggested
that B-138 had a locked gate; however, Warren slid out under it. By September 18, 1992, it would be the height of
