Editor's note: A previous version of this story stated the court granted an injunction, a formal injunction was not granted. Mount Polley agreed not to store more tailings at the storage facility until the matter has been heard in court.
Xatśūll First Nation's challenge of the province's decision to increase Mount Polley's tailings pond is going ahead as the mine and First Nation came to an agreement in court Thursday (May 8).
The First Nation and Mount Polley agreed no additional tailings will be deposited into the mine's raised tailings storage facility. This will last until Xatśūll's judicial review challenge is heard in court, which will begin on an expedited basis in June.
"Today’s decision will help ensure that no further harm from increased levels of tailings deposition is done to Xatśūll Territory by Mount Polley between now and the hearing of the judicial review," Xatśūll's news release says. "Under the circumstances, and especially given the devastating history of Mount Polley, Xatśūll welcomes the Court’s determination."
The challenge is against the provincial government's decision to approve the increase to tailings at Mount Polley and the First Nation says they are holding the province accountable to commitments to reconciliation and environmental protection.
Xatśūll says the province did not get free, prior and informed consent from the First Nation before approving the mine's tailings storage facility dam raise.
The approval was given in March by Jagrup Brar, Minister of Mining and Critical Minerals, and Tamara Davidson, Minister of Environment and Parks.
"As statutory decision-makers under the Environmental Assessment Act, we have made the decision to allow the Mount Polley Mining Corporation to raise the height of its tailings storage facility dam by four metres to ensure water can be managed safely in advance of spring freshet. The necessary permit for this work under the Mines Act has also been approved," they said at the time of the announcement.
In that announcement the ministers said the mine's environmental regulations have been closely monitored and that will continue with the expansion.
"Xatśūll is hopeful that Imperial Metals, Mount Polley, and the Government of B.C. will act in good faith and commit to strengthening our relationship in a way that builds trust and respects and honours Xatśūll’s role in the Territory now and for generations to come," the release from the First Nation says.
Xatśūll has repeatedly said while they oppose this approval by the government, they are not opposed to mining and resource development.
“The decision from the Province to authorize Mount Polley Mining Corporation to raise the height of the dam at its Tailings Storage Facility is a serious failure to prevent potential impacts to Xatśūll’s Aboriginal rights, reconciliation with Xatśūll after the 2014 disaster, and the implementation of UNDRIP,” said Xatśūll Kukpi7 (Chief) Rhonda Phillips when the challenge was first launched in mid-April.
In a recent conversation with Efteen, Imperial Mines Corporation, which owns Mount Polley Mine said plans have been in the works for several years to raise the tailings dam and the company was careful with the design to help reduce risks.
“As you can imagine, the Mount Polley dam is a highly engineered, highly reviewed dam so there’s a lot of energy and time been put into this design and permitting,” Bryan Kynoch, President of Imerial Mines Corporation said. He added First Nations, engineers and environmentalists were consulted during the process.
“There’s always risk but we certainly put huge effort into mitigating them and have been communicating transparently,” Kynoch added. He also said the dam has a “much more substantial buttress,” which is used to reinforce the dam.
Xatśūll has said they will continue withholding consent for the raise in the tailings dam until an environmental review has been complete.
With files from Andie Mollins and Monica Lamb-Yorski
