RAVEN Update - Celebrating Aboriginal Title & Fish Lake Fund Appeal!
- Details
- Published on Friday, 18 July 2014 11:00
- Written by editor
Hello RAVENers!
It's been a hot, glorious summer in Victoria and we still bask in the glow of the first declaration of Aboriginal title in Canadian history - a game-changing win for the Tsilhqot'in and Xeni Gwet'in First Nation! Congratulations to Chief Roger William (right) and everyone in the Tsilhqot'in community!We supported the Elder Express to be in Ottawa for the Supreme Court of Canada hearing last November - however most of this case took place prior to RAVEN's existence. The original Tsilhqot'in Nation vs British Columbia trial decision was handed down in 2007. But the implications do affect our work. RAVEN is now well positioned as the key charitable organization for assisting First Nations in establishing their Aboriginal title and regaining control of their land base for sustainable purposes. There is finally a viable path to achieving a court-ordered settlement.
So with that in mind, we bring you an important update on the ongoing effort to protect Teztan Biny (Fish Lake).
FISH LAKE UPDATE AND FUND APPEAL
For 20 years, Taseko Mines Limited (TML) has tried to get approval for a low-grade, open-pit copper and gold mine that would destroy an area of cultural significance to the Tsilhqot’in people known as Nabas. The Prosperity and New Prosperity Mine proposals are the most contested mining projects in Canada. This mine has been rejected twice by the federal government, in 2010 and 2014.
In the face of these rejections, Taseko has responded with lawsuits. The first judicial review filed by Taseko (TML) in November 2013 targets the independent panel and its report, and alleges that the panel’s review process was “unfair” to the company. In March 2014, TML launched a second lawsuit, this time asking the Federal Court to overturn the Federal Government’s rejection of New Prosperity. But this second lawsuit is far more sweeping – and very troubling for the future of environmental protection in Canada.
The Tsilhqot’in have been successful in being named as respondents to both judicial reviews. They will have their voices heard in court. And they point out that although the mine is not in the newly-declared title area, is DOES fall within the proven rights area as outlined in the 2007 judgment and upheld in both the BC appeal court and the SCC.Although the Tsilhqot’in are being as strategic and focused as possible with their resources, they have had to be filing ongoing applications responding to Taseko and Canada in protection of Tsilhqot’in interests, and in ongoing case management conferences. This work will continue at a cost to their limited resources.
The most immediate needs for funding are:
• Legal support for legal research for the hearings;
• Legal Argument (reviewing Taseko’s written argument and preparing response argument);
• Administrative costs associated with above (photocopying, filing fees, couriers, etc.).
All donations will support the technical costs and some of the ongoing legal costs associated with responding to the first judicial review. The current need is $25,000.
Please pass this along to people who you know are concerned about this issue. And if you can support this important legal challege, please consider donating now. You have options! We currently have both PayPal and CanadaHelps accounts.
The Court has set the timelines for JR#1 (review of the Panel Report). The hearing is scheduled to start on October 29, 2014. The Tsilhqot'in National Government will receive TML's argument by July 29 and will then have until Sept 22 to file their argument.
RAVEN donors, like you, have made it possible to get this far. The Tsilhqot'in Nation thanks you, and we thank you for your ongoing support!!
Susan Smitten
Executive Director
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