The Xatśūll First Nation says a B.C. Supreme Court judge has expedited a judicial review hearing that seeks to prevent Imperial Metals from adding more tailings capacity from the Mount Polley gold and copper mine by raising a storage facility dam.
Last month, the nation filed for a judicial review in B.C. Supreme Court to overturn two provincial decisions by four metres, from an elevation of 970 metres to 974 metres.
The nation said Thursday a judge provided an interim decision, which BIV has not independently confirmed.
The nation stated the decision ensures "no additional tailings will be deposited into the raised tailings storage facility at the Mount Polley Mine until Xatśūll’s judicial review can be heard."
And, “in its decision, the court also scheduled the judicial review to be heard on an expedited basis next month," the nation stated in a press release via Coast Communications and Public Affairs,
On Friday Imperial Metals president Brian Kynoch told BIV there is no injunction but rather an undertaking not to add additional tailings until after the June 24 judicial review hearing.
Kynoch said the company told the court it was not planning to use additional tailings capacity until July 1 at the earliest and the judge placed an order to abide by this undertaking.
“We agreed we wouldn’t put any tailings that would require the dam to be at 974 metres …until July 1,” said Kynoch.
“I want to clarify the mine is operating as normal and we’re depositing tailings and we’re working on constructing the raise the dam,” said Kynoch.
The nation stated that at the judicial review hearing it "will be arguing that the pause of deposition of tailings in the raised facility should continue until the court has decided the judicial review."
The nation said B.C. is at risk of losing the progress that it’s made towards reconciliation.
“Xatśūll looks forward to proceeding with the judicial review in June to hold the Government of B.C. accountable for its commitments regarding reconciliation, implementing the United Nations Declaration on the Rights of Indigenous Peoples, and environmental protection.”
Kukpi7 (Chief) Rhonda Phillips announced the injunction and judicial review application on April 15.
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 April 15.
The B.C. government said it approved the addition on the dam to safely manage the spring runoff, and that the project was reviewed by technical experts and in consultation with First Nations.
In its response to the Xatsull's legal challenge, the province said its ministers for mining and environment did properly consult the Xatsull on the project before approval was given.
"The consultation with Xatsull undertaken by the province included engagement with the Environmental Assessment Office and with the Major Mines Office of the Ministry of Mining and Critical Minerals … and upheld honour of the Crown," its response said.
—This article, including the headline, was updated to reflect comments from Imperial Metals
—With files from The Canadian Press
