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Court of appeal grants injunction on TasekoB次元官网网址檚 exploratory drilling in B.C. Interior

The decision provides temporary protection and relief, said Chief Joe Alphonse
13595051_web1_180919-WLT-FishLake
The BC Court of Appeal has granted an injunction against Taseko Mines Ltd.B次元官网网址檚 exploratory drilling permit at Teztan Biny (Fish Lake) for its proposed New Prosperity Mine Project in B.C.B次元官网网址檚 Interior. Photo submitted

The Ts虃ilhqotB次元官网网址檌n Nation has once again been granted an injunction to stop Taseko Mines Ltd.B次元官网网址檚 exploratory drilling permit for its New Prosperity Mine project at Teztan Biny (Fish Lake) and surrounding areas.

An injunction was decided by the BC Court of Appeal on Monday until it hears and decides the case.

On Aug. 23, 2018, the B.C. Supreme Court upheld a permit authorizing TML to undertake an extensive drilling program at Teztan Biny and the surrounding area.

B次元官网网址淲e are somewhat relieved that the injunction will protect the area for two months, but we will end up going into appeal hearings most likely at the end of November,B次元官网网址 Chief Joe Alphonse, TNG tribal chairman, told the Tribune Tuesday. B次元官网网址淚t will always continue. We will never agree to them moving forward.B次元官网网址

Brian Battison, TasekoB次元官网网址檚 vice-president of corporate affairs, told the Tribune , the provincial government issued a notice of work for the company to do the exploratory drilling.

B次元官网网址淭he TNG challenged that in court, critical of the provincial government and argued the governmentB次元官网网址檚 consultation was inadequate,B次元官网网址 Battison said. B次元官网网址淭he court decided in favour of the provincial government, saying the consultation was adequate and the process was solid and the notice of work was valid.B次元官网网址

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Taseko began to prepare to do the work on site by putting up flags, but did no mechanical or intrusive work, he added.

B次元官网网址淭he TNG then petitioned for an injunction from the court to keep us from doing the work until the appeal of Justice BranchB次元官网网址檚 decision is decided upon. A different judge decided on Monday to grant the injunction.B次元官网网址

Alphonse said at the crux of their court challenge is the fact the TsilhqotB次元官网网址檌n are the only nation that has proven aboriginal rights title.

B次元官网网址淭herefore the consultation that is there, is for First Nations people who do not have either of those. So when a First Nation has rights and title, consultation has to go beyond whatB次元官网网址檚 out there. That hasnB次元官网网址檛 been set yet.B次元官网网址

The potential for the province is if the courts rule in the case that they actually need TsilhqotB次元官网网址檌n consent to move forward, that would put the TsilhqotB次元官网网址檌n in position to apply that need for consultation throughout every last decision that has to be made in the region, Alphonse added.

B次元官网网址淭hatB次元官网网址檚 a big gamble the province is playing if it approves TasekoB次元官网网址檚 project.B次元官网网址

TasekoB次元官网网址檚 drilling permit approves 76 kilometres of new or modified road and trail, 122 drill holes, 367 excavated test pits and 20 kilometres of seismic lines throughout Teztan Biny (Fish Lake) and surrounding area.

Earlier in July, Battison told the Tribune the company was doing the drilling to gather geotechnical data by drilling some holes and taking soil samples and essentially assess the drainage characteristics of the area.

B次元官网网址淭here was some doubt in the environmental assessment about our ability to manage the water appropriately. This information that we need for the Mines Act permitting process will answer those questions and rest those doubts.B次元官网网址

Battison said the ongoing delay is the new reality of trying to invest in B.C. and create opportunities.

B次元官网网址淎t times itB次元官网网址檚 a long arduous process by which you seek to approval to create jobs and opportunities for yourselves and others.B次元官网网址

Xeni GwetB次元官网网址檌n Chief Jimmy Lulua said the connection of the TsilhqotB次元官网网址檌n people to the area near the proposed mine dates back thousands of years.

B次元官网网址淧eople spent their time gathering around these sacred waters with their families B次元官网网址 with some also laid to rest here,B次元官网网址 Lulua said. B次元官网网址淕ranting this injunction was the only right thing to do. We will continue to work to ensure our people are able to use this area for generations to come as they always have.B次元官网网址

Lulua said it is only a temporary relief until the appeal is heard at the end of November.

B次元官网网址淭here are solutions available to the B.C. government, and we still call on Premier Horgan to step in and put an end to this drilling permit and the ongoing threat from this rejected mining project.B次元官网网址

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Monica Lamb-Yorski

About the Author: Monica Lamb-Yorski

A B.C. gal, I was born in Alert Bay, raised in Nelson, graduated from the University of Winnipeg, and wrote my first-ever article for the Prince Rupert Daily B次元官网网址.
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