Here is the local version of the latest TRX hiccup...
Mine project protest goes to court
Written by Gordon Hoekstra
Citizen staff
Wednesday, 24 June 2009
The Nak'azdli First Nations launched court action Wednesday to overturn the province's environmental approval of Terrane Metal's proposed $917-million gold and copper mine in northern B.C., maintaining they were not properly consulted and accommodated.
"We have been reasonable and proactive in proposing a government-to-government process, and the B.C. government has failed to respect our decision-making authority on our lands," said Nak'azdli chief Fred Sam.
"The Nak'azdli will not sit idly by as our lands are exploited without our consent," said Sam.
The province granted the Mount Milligan mine approval in March of this year following an environmental assessment that took 2-1/2 years. The federal government's environmental review of the project is not complete.
The Nak'azdli, who had reserved judgment on the project which they claimed fell in their traditional territory, have continually said they wanted to have a bigger role in the project's review and decision on its approval. The Nak'azdli have cited concerns over water quality, wildlife and long-term impacts from the mine.
In their 21-page petition, filed in B.C. Supreme Court in Vancouver, the Nak'azdli are seeking that the environmental certificate be set aside and the environmental assessment of the project be re-opened to allow for consultation and, if necessary, accommodation of the Nak'azdli's aboriginal rights and title.
The province asserts that the Nak'azdli were "absolutely" properly consulted. "We carried out all of our obligations through the two or three years of the review process," said Graham McLaren with the province's B.C. Environmental Assessment Office.
McLaren pointed to the province's assessment report detailing consultations with First Nations. The report includes a finding by the province that the Nak'azdli assertion of aboriginal rights and traditional use in the project area is not supported by information available. In its court petition, the Nak'azdli say they never had an opportunity to respond to the province's research.
Terrane Metals reacted cautiously to news of the court case, with the company saying it plans to continue to seek regulatory approvals for the project. "Overall, we find it regretful it has gone this way," observed Terrane Metals official Glen Wonders.
He said Terrane continues to be open to dialogue with the Nak'azdli, but also noted the court action is largely directed at the provincial government.
Wonders said the company stands by the project from a environmental, social and technical perspective, noting the mine will provide economic benefits to the region.
The project is the closest proposed mine to Prince George, 155 kilometres to the northwest.
The mine is also equal distance between the communities of Fort St. James and Mackenzie, about 90 kilometres away.
Both communities, which have been hit hard by the forestry downturn, have voiced enthusiasm for the project to diversify their forest-based economies.
Prince George and its businesses and economic agencies have also voiced support for the project. Prince George is a service and supply centre for the mining sector in northern B.C.
The open-pit mine is forecast to be in operation for 15 years, and is expected to create 600 construction jobs and 300 permanent jobs.
At the end of last year, Terrane Metals had announced plans to delay the start of construction to, at the earliest, the spring of 2010 from the fall of 2009. The company said that even though the project still had strong economic fundamentals, they were having a hard time raising money in the tighter credit markets.
Wonders said Wednesday that raising capital continues to be a challenge.
The province's environmental assessment concluded the project is not likely to have significant adverse effects, based on the mitigation measures and commitments the company has agreed to.
The province's environmental certificate contains nearly 100 commitments the company must implement through various stages of the project. Key commitments include storing potentially acid-generating mining waste under water in a man-made pond to prevent acid-rock drainage and metal leaching.
The proposed mine had been permitted under Placer Dome in the 1990s, but was never built.
The mining project has received support from the McLeod Lake Indian Band.
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