British Columbia

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.

In February, an independent committee awarded MiningWatch $37,200 to participate in the environmental assessment of Taseko Mines’ proposed Prosperity Gold and Copper Mine. The project area is 125 km south west of Williams Lake BC and within the traditional territory of the Xeni Gwet’in, members of the Tsilhqot’in National Government (TNG).

In recent reviews of two proposed BC mining projects, MiningWatch Canada has found significant flaws in plans to compensate for fish habitat that would be lost if the mines go into operation. Both the Mt. Milligan and Prosperity projects will negatively affect fish habitats and the proponents will be required to compensate for these impacts by creating or improving fish habitat elsewhere.

Terrane Metals Corp. is proposing an open pit gold-copper mine in central BC near the town of Fort St. James and within the traditional territories of the McLeod Lake Indian Band and the Nak'azdli Nation. The two nations are not in agreement over the project proceeding with the Nak'azdli whose members kayho (traditional hunting, trapping and gathering area) will be affected directly, opposing the project.

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.

Nak’azdli today vowed to stop the Terrane Metals Mt. Milligan mine project on its traditional lands after learning the Provincial Government has continued to defy the courts and award permits and leases to the company without consulting the First Nation. “Terrane is being advised to cease operations and leave the territory immediately,” said Chief Sam, who added Nak’azdli is calling on the support of all first Nations across BC and Canada to help protect Nak’azdli territory.

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.