Imperial Metals

Joint news release with Ecojustice and the Canadian Environmental Law Association: Ottawa, ON – Today, the Supreme Court of Canada ruled that the Canadian government has violated a national environmental law aimed at ensuring sustainable development. In a case centered on the proposed Red Chris mine in British Columbia, the Court ruled that the federal government cannot split projects into artificially small parts to avoid rigorous environmental assessments. The ruling also guarantees that the public will be consulted about major industrial projects, including large metal mines and tar sands developments.

Joint news release with Ecojustice and CELA: This Friday, the Supreme Court of Canada considers whether the federal government acted unlawfully by excluding public input from its evaluation of the controversial proposed Red Chris mine – a massive project that would turn a northern lake into a dumping ground for toxic mining waste. The appeal could determine the fate of a number of Canadian lakes currently threatened by mining proposals, by ensuring more rigorous environmental assessments with mandatory public participation.

Long-awaited opportunity to reinforce public participation in federal environmental assessments: On December 18, 2008, the Supreme Court of Canada decided to allow MiningWatch Canada to appeal a Federal Court of Appeal decision that had negated the public’s right to be consulted on large mines and other industrial projects.

A long battle over the public's right to be consulted on large mines and other industrial projects is now heading to the Supreme Court of Canada. The Supreme Court decided on December 18, 2008 to allow MiningWatch Canada to appeal the decision of the Federal Court of Appeal on the environmental assessment of the proposed Red Chris mine in British Columbia.

On June 13, 2008, the Federal Court of Appeal determined that citizens do not have a right to be consulted about proposed large industrial developments. The appeal ruling denies the public any input when federal departments that issue regulatory permits determine the “scope” of the project that will be subject to Environmental Assessment. The ruling will allow a Department like Fisheries and Oceans, which is responsible for protecting fish habitat, the right to limit an Environmental Assessment of a major mining project to the tailings impoundment area or mine road, if that is the only part of a major project that will affect fish habitat, and will deny the public the right to affect the decision. It severely limits the federal role in Environmental Assessment of major projects.

An emerging coalition of conservation, Aboriginal, and social justice organizations is calling on the federal government to immediately stop the practice of allowing mining companies to use Canada’s lakes as dumping grounds for toxic mine wastes.

Following a Federal Court decision on September 25, 2007, the future of the proposed Red Chris mine - a huge acid-generating mine proposed for north-western British Columbia – has been put in doubt.

The precedent-setting decision upholds the fundamental right of Canadians to be consulted during the environmental assessment of large mines on the comprehensive study list. The Court found that the Canadian Environmental Assessment Act enshrined this right when it was amended in October 2003.

Joint news release with Sierra Legal: (Vancouver) In a case that could have far-reaching consequences, lawyers from Sierra Legal will tell a Federal Court judge tomorrow that development of a large open-pit mine in northern British Columbia should not go ahead until the project has undergone a comprehensive environmental assessment. The Red Chris Mine would turn creek headwaters into a tailings waste dump, destroying fish habitat and risking contamination of the Stikine watershed in northwestern BC.

On September 8, 2006, MiningWatch Canada filed a formal complaint with securities regulators in British Columbia and Toronto, charging that bcMetals has misrepresented the risks of its proposed Red Chris Mine in northern British Columbia to its investors.

MiningWatch has asked the B.C. Securities Commission to investigate whether bcMetals has acted contrary to the British Columbia Securities Act, its regulations, and national standards on disclosure, by failing to report material information or material changes to investors and securities regulators.

The amended Metal Mining Effluent Regulations (MMERs) have been published in the Canada Gazette Part One, and the public comment period has closed. They will become final when published in the Canada Gazette Part Two.

One of the amendments to the MMERs adds two lakes in Newfoundland to Schedule 2, which redefines them as mine waste dumps (for environmentally toxic tailings). Both lakes currently provide habitat for trout and Atlantic salmon as well as otter and other species.