News
Nov 11, 2011
First nation launches court challenge of New Prosperity proposal
By Brian Morton, Vancouver Sun
Taseko Mines’ proposal for the New Prosperity mine still threatens Fish Lake, critics say.
The Tsilhqot’in First Nation has launched a court challenge around Taseko Mines’ New Prosperity mine proposal, seeking a suspension of permits granted by the B.C. government to continue exploration work.
In a petition filed in B.C. Supreme Court Thursday, the first nation and the Xeni Gwet’in (one of the Tsilhqot’in communities closest to the proposed mine) asked the court to invalidate approvals for drilling excavation, timber clearing, road construction and other exploratory work for the controversial mine 125 kilometres southwest of Williams Lake.
The petition alleges that Crown officials breached their duties to consult and accommodate the Tsilhqot’in and failed to extend “the most basic courtesies of consultation,” such as notice that approvals for drilling and road construction were granted.
“To this day, six weeks after the [approval],” the petition states, “neither the chief inspector nor the district manager has provided a rationale for the decision to the TNG [Tsilhqot’in National Government] or Xeni Gwet’in explaining how aboriginal rights were considered or addressed, despite commitments to do so.”
The permits, under a “notice of work” application, allow the company to build up to 23.5 kilometres of access trails, dig 59 test pits and drill some 18 geotechnical and exploratory holes, which the company — in its application document — said would disturb some 13.1 hectares of land.
Taseko’s initial proposal for the mine – which involved draining the trout-rich Fish Lake in order to use it as a tailings storage area — was rejected by the federal government a year ago.
But the company came back with a proposal to spend an additional $300 million to build a tailings facility two kilometres upstream from Fish Lake, though critics say it’s essentially the same proposal that was considered unacceptable.
The B.C. permits, one from the Ministry of Energy and Mines and one from the Ministry of Forests, were issued while Taseko was waiting for a Canadian Environmental Assessment Agency to make a decision on whether to proceed to a new review for the revised project design. On Monday, federal Environment Minister Peter Kent ordered that review to go ahead. His decision was also opposed by native and environmental groups.
Thursday’s court petition said the exploratory work will “fragment habitat and disturb wildlife” while increasing hunting activity by non-aboriginals, and impact an area important for trapping, fishing, gathering and spiritual and ceremonial activities.
It said knowing about or witnessing the exploratory work will cause “mental, emotional and spiritual harm for many Tsilhqot’in.”
“We’re talking about serious impacts for our rights, and our culture,” Chief Joe Alphonse, tribal chair of the TNG, said in a statement. “The province refused to acknowledge these impacts, no matter what we say; it is more concerned with handing over approvals.”
Brian Battison, Taseko’s vice-president of corporate affairs, has said the work is being done under its existing mineral claim and lease, and will yield information that may be required in a new environmental review of its revised proposal.
Battison could not be reached Friday for comment on the court action. A spokesperson for the Minister of Energy and Mines, who did not want to be named, said in an emailed response to The Vancouver Sun that it would be inappropriate to comment on the petition while the matter is before the courts.
The spokesperson said in the email that the government encourages the company to work with the local communities and first nations to address concerns.