Tsilhqot'in Nation should not be nickel and dimed to death
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- Published on Wednesday, 27 July 2016 18:30
- Written by editor
www.raventrust.com | (250) 383-2331
It's just not fair.
After winning an historic court battle that established their sovereignty over their traditional territories, the Tsilhqot'in are back in court. This time it's to keep a company with deep pockets from pushing through a mine that has already been rejected — twice — by the federal government (read more in today's Globe and Mail here).
Taseko wants to build New Prosperity mine at Fish Lake, in an area at the headwaters of the Fraser River that is sacred to the Tsilhqot'in. To date, Taseko has lost virtually every motion that it has brought, but that hasn't stopped the company from bringing another three preliminary motions to overturn the results of a comprehensive environmental review that flat-out rejected the mine. The company is trying to nickel-and-dime First Nations to death — only every time they go to court, costs run to the tens, if not hundreds, of thousands of dollars.
We are anticipating that hearings will take place in the fall or early winter. The legal team are already having to make tough decisions— such as not cross-examining witnesses— because the overall budget isn't there. The Tsilhqot'in desperately need help to stand toe-to-toe with a mining company who are clearly determined to push this project through.
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Among other far-reaching legal positions, Taseko has brought a constitutional challenge to the Canadian Environmental Assessment Act, 2012, arguing that the federal government cannot lawfully stop a project from proceeding on the basis of environmental concerns, if the province has approved the project. In essence, the company is attempting to drastically reduce the protection of our already gutted federal environmental protections.
Taseko is playing hardball. Help the Tsilhqot'in defend the sacred ground of Teztan Biny.
The Tsilhqot'in National Government has held its own in proceedings against Taseko's Fish Lake Mine for months, first obtaining standing as a party, then preparing its evidence, building its case, and dealing with Taseko’s series of motions. It has been able to do so only with the help of your funding. Thank you for standing on the side of a small First Nation against a company with very deep pockets.
The Tsilhqot'in now face intensive preparation for the hearings — consulting with its technical experts, completing written submissions and attendance at the hearings themselves. They estimate approximately $70,000 in additional funding is required to participate at full strength in two concurrent proceedings.
Despite the Federal Government’s rejection of the Project, Taseko is pressuring the BC Government to green-light the Project and permit further drilling in the Teztan Biny (Fish Lake) area, arguing that the Federal Government has no constitutional jurisdiction to stand in its way. From a recent Taseko press release:
Ownership and development of mineral resources are explicit areas of provincial jurisdiction and responsibility, granted under The 1982 Amendments to the Constitution Act 1867," commented Russell Hallbauer, President and CEO of Taseko. "The New Prosperity environmental assessment process has been unduly influenced by the actions of the federal government. The fact that the Government of British Columbia is moving forward with the certificate amendment process indicates the importance it places on the development of the New Prosperity Mine."
It is crucial for environmental protection in this country that we firmly slam the door on this developing legal argument and prevent TML from rolling back the protection of federal environmental assessment for major resource development projects.
There is a lot at stake. It is critical to demonstrate that environmental assessment can work, and companies like Taseko cannot overturn the results of a comprehensive environmental review (and the efforts of First Nations, concerned citizens and environmental organizations) simply by pouring its resources into litigation and outspending other parties until they get the result that they want. No must mean no.
Thank you for standing with the Tsilhqo'tin through this long fight. Together, we will see justice done.
Susan Smitten
RAVEN Executive Director
(250) 383-2331
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