Xatśūll First Nation files an appeal to overturn B.C. Supreme Court decision on Mount Polley dam

Xatśūll First Nation is appealing an Aug. 6 decision by the B.C. Supreme Court (BCSC) that upheld the government’s authorizations allowing Mount Polley Mining Corporation to raise the height of its tailings storage dam for the open-pit copper and gold mine. The First Nation maintains the authorizations were granted without an environmental assessment first being conducted. This is the same dam that failed catastrophically in 2014, devastating Xatśūll Territory. It has been called one of the worst mining disasters in Canadian history.  “The respectful view of Xatśūll is that the BCSC decision allows provincial regulators to proceed in a way that seriously limits the level of environmental oversight and protection of Aboriginal rights and title when it comes to deciding whether the Province will approve future expansions to the Mount Polley Mine,” the First Nation says in a news release.  Xatśūll First Nation is part of the larger Secwepemc (Shuswap) Nation, located in the Cariboo region of British Columbia near Williams Lake. The mine is located in the traditional territory of Xat’sull First Nation, as well as Williams Lake, Whispering Pines, Neskonlith and Northern Secwepemc te Qelmucw First Nations. According to the B.C. government website, the tailings dam failure at the Mount Polley Mine on Aug. 4, 2014, resulted in the loss of about 17 million cubic meters of water and 8 million cubic meters of tailings/materials into Polley Lake, Hazeltine Creek and Quesnel Lake “with significant impact.” “The precedent of the August 6th ruling needs to be set right,” says Kukpi7 Rhonda Phillips. “The Mount Polley Mine needs to be held to 2025 standards for environmental oversight and Aboriginal rights protection, not to more limited standards from nearly 40 years ago, which is the effect of the ruling.”  Phillips maintains it’s important given the history of the mine’s impacts on Xatśūll Territory and company’s plans to expand further.  “Correcting the BCSC’s decision is an important step toward ensuring the Province regulates the Mount Polley Mine in a way that is sufficiently protective of the environment and that respects Xatśūll’s Aboriginal rights and title now and into the future,” Phillips says. The Union of BC Indian Chiefs (UBCIC)  says it supports the Xatśūll First Nation “in exercising their inherent jurisdiction and right of self-determination over their territories.” “The Xatśūll First Nation has been crystal clear that they did not provide their free, prior, and informed consent for B.C. to bypass an environmental assessment and approve raising the height of the tailings pond dam at Mount Polley Mine,” says Grand Chief Stewart Phillip, UBCIC president, in a news release.  “UBCIC is deeply concerned that the Province has dismissed Xatśūll First Nation’s concerns, circumvented its jurisdiction, and ignored their basic inherent and human rights, all of which is in opposition to their legislative commitments to implement the United Nations Declaration on the Rights of Indigenous Peoples.”  The Grand Chief says the Aug. 6 decision set “an extremely dangerous precedent of ignoring Indigenous rights and jurisdiction and fast-tracking resource projects—exactly what First Nations have been alarmed about with the recent passage of (BC’s) Bill 14 and Bill 15.” The bills are designed to expedite the approval and construction of infrastructure and renewable energy projects by creating streamlined processes and allowing for the override of some regulations and existing legislation, including some environmental assessments and consultation requirements. They were introduced by Premier David Eby’s government to counter tariffs imposed by U.S. President Trump. Xatśūll First Nation said it won’t be commenting further as the matter is before the courts. Continue Reading