Xatśūll First Nation is calling on the province of B.C. to clarify its stance on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
This is following the government’s approval of the Cariboo Gold Project in Wells which spans across several First Nation territories, including Xatśūll’s.
In a press release dated Dec. 12, Xatśūll said it is “calling on Premier David Eby, Minister Jagrup Brar and Minister Tamara Davidson to clarify the Province’s stance on UNDRIP and to rectify the inconsistent application of UNDRIP across provincial ministries.”
The nation has not given its consent and has been publicly calling for a halt on the mining project since Nov. 7 because of environmental, economic and health concerns associated with the project.
The nation has also raised concerns over the project’s impact on Aboriginal title and rights, potentially preventing members of Xatśūll First Nation’s ability to practice traditional medicine gathering, fishing, hunting and ceremonial practices.
Osisko Development Corporation, who owns the Cariboo Gold Project, announced on Dec. 12 it received its Environmental Management Act permits, thus completing the permitting process and setting the project on track to begin construction.
In its press release, Xatśūll said the province’s decision to issue this permit despite the nation’s lack of consent, along with an operating permit under the Mines Act, demonstrates the government’s failure to commit to UNDRIP, which the province assented to in November 2019.
Xatśūll said it would like to see sustainable resource development in its territory, but only if done properly. It said it appreciated the work done by Ministry of Environment and Parks prior to issuing the permit, but is disappointed with the decision being made before the nation's concerns were fully addressing.
“As such, we will be considering all of our legal options in relation to the permits and would like to reiterate that the Cariboo Gold Project shouldn’t proceed in Xatśūll Territory without our free, prior, and informed consent,” Xatśūll said.
B.C.’s Declaration on the Rights of Indigenous Peoples Act states the province must “consult and cooperate in good faith with the Indigenous peoples...in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources.”
In a response to Black Press’ request for comment, the Ministry of Mining and Critical Minerals said it approved the permit applications after careful review and consultation with First Nation partners, including Lhtako Dené Nation, Xatśūll First Nation and Williams Lake First Nation.
“Ensuring First Nations are adequately consulted is of utmost importance to us when evaluating mining permits,” the ministry said.
“We have listened to concerns from all nations, including Xatśūll First Nation, regarding water treatment and quality, and we met with them throughout the process to discuss and address their concerns.”
The ministry said provincial staff met with Xatśūll in early December to allow the nation to review draft Mines Act permits and EMA permits, which it said are developed through a “rigorous process.”
It added concerns related to water quality were addressed by providing the permits under specific conditions. This includes requirements for “additional water treatment plant upgrades or new systems, substantial monitoring programs, and an adaptive management approach to ensure permit limits are protective.”
Xatśūll said their leadership was optimistic when the Ministry of Environment and Parks held a “consensus-seeking meeting” prior to making its decision, but the permit was nevertheless issued without fully addressing their concerns.
“We are very concerned by the troubling inconsistencies in the Province’s approach in dealing with First Nations and responsibly regulating the mining industry," adding its concern has deepened since the recent charges related to the 2014 Mount Polley disaster which continues to impact the nation today.
The Cariboo Gold Project is the first approved applicant entirely assessed under B.C.'s new 2018 Environmental Assessment Act. In the process of receiving its certificates and permits, Osisko has collaborated with several first nations on whose territory the project operates.
Lhtako Dene Nation, who over the years has supported the development of the Cariboo Gold Project, responded to Xatśūll’s Nov. 7 call to halt the project by reiterating its stance on the project.
In a press release dated Nov. 8, Lhtako said the project is “firmly within Lhtako’s core territory,” and said throughout years of collaboration Osisko has listened and responded to the nation.
“Osisko has demonstrated its strong support for and ongoing commitment to genuine partnership with Lhtako...We support and look forward to the sustainable development of the Cariboo Gold Project and the Province respecting our constitutionally protected rights,” Lhtako said.
Osisko has worked with Lhtako to address concerns, including by creating a Stewardship Society in regard to protecting local caribou and salmon.
As for Xatśūll’s concerns, an August 2023 letter sent to the nation by the Environmental Assessment Office outlined how its concerns would be addressed. Xatśūll’s ongoing concerns remain, however, because it said the issues were not meaningfully addressed.
This story was updated to include comments from the Ministry of Mining and Critical Minerals.
