The B.C. First Nation directly impacted by the 2014 Mount Polley mining disaster is taking the provincial government to court over plans to expand the gold and copper mine west of Quesnel Lake.
Leaders of Xatśūll First Nation said Tuesday they have filed for a judicial review in B.C. Supreme Court to overturn two provincial decisions authorizing Mount Polley Mining Corp. to raise the height of its tailings dam by four metres.
The nation says not only was the bigger dam authorized by the provincial government without an environmental assessment, it was also approved without the consent of the band, which violates provincial law upholding the United Nations Declaration on the Rights of Indigenous People.
“That decision shows a deep disregard to our nation, our rights, and the long-term health of our lands and waters,” said Kukpi7 (Chief) Rhonda Phillips at a press conference at the steps of the courthouse in downtown Vancouver.
Phillips said the decision is even more questionable given the track record of the mine.
A breach of the mine’s dam in August 2014 sent 25 million cubic metres of mine waste, water and construction materials downriver. Polley Lake, Hazeltine Creek and Quesnel Lake all faced widespread and long-lasting environmental damages in what would become North America’s biggest such failure on record.
“The effects were devastating and far reaching, and now the government wants to allow Mount Polley to expand without even conducting an environmental assessment and without our consent,” said Phillips.
The nation is also seeking an injunction to prevent construction of the dam raise until the court process is concluded, said Phillips.
The chief said the government’s consent orders bypassing an assessment represent a “narrow approval process” and the band is ready and willing to participate in the consultation process.
However, since the band has been shut out of any such process to date Phillips said it’s too early to tell whether the band would approve any expansion at all.
“We want to be clear,” said Phillips. “We recognize the need for mining. Like many others, the majority of our members drive cars, live in homes and benefit from the materials that mining provides.
“We're not opposed to development. But we support development that is responsible, sustainable and carried out in partnership with Indigenous nations like Xatśūll First Nation.”
Phillips was joined by members of the First Nations Leadership Council, including Grand Chief Stewart Phillip of the Union of British Columbia Indian Chiefs, and Hugh Braker, political executive at the First Nations Summit.
"We're here to send a clear message to [B.C. Premier] David Eby," said Stewart Phillip.
Braker suggested the rush to permit Mount Polley to expand is a result of tariff threats from the United States.
“We're here to tell the governments, you cannot hide behind the tariffs. You cannot turn your back on Aboriginal title and rights just because you have a crisis in trade with the United States,” he said.
“We're here to tell the governments, you must pay as much attention to Aboriginal title and rights now as you do otherwise.”
Rhonda Phillips noted that the mining company is also seeking to further expand operations, which would result in a tailings dam 13 metres higher than the existing one.
“Xatśūll will continue withholding consent for the Mount Polley Mine expansion until Xatśūll’s serious concerns are adequately addressed, and the lawfully required environmental assessment process is followed. The time is now for B.C. to live up to its commitments to DRIPA [Declaration on the Rights of Indigenous Peoples Act] and meaningful reconciliation with First Nations in B.C.,” the band stated in a press release.
Last December, 15 federal Fisheries Act charges were laid against the mine's parent company, Imperial Metals Corp. (TSX:III), and two other firms over the collapse of the tailings pond dam, which occurred 56 kilometres northeast of Williams Lake.
The judicial review filed Tuesday is against Mining Minister Jagrup Brar, Environment Minister Tamara Davidson, the Deputy Permitting Officer, the Major Mines Office and Mount Polley Mining Corp.
BIV has reached out to the ministers with an offer to comment on the review application, which must first be approved by a judge. Both ministers declined
