A BC Supreme Court decision Friday, Sept. 6 has halted an exploratory drilling program from proceeding in the vicinity of Teztan Biny (Fish Lake), 185 kilometres southwest of Williams Lake pending the outcome of another court case filed by the Tsilhqot’in Nation on infringement of Aboriginal rights. Loretta Williams photo

B.C. First Nation granted injunction to stop Taseko exploratory drilling

Tsilhqot’in Nation’s court case on Aboriginal rights infringement needs to be decided first

The Tsilhqot’in Nation’s injunction has been granted to stop Taseko Mines Ltd. from carrying out exploratory drilling near Teztan Biny (Fish Lake) and surrounding area for its proposed New Prosperity Mine about 185 kilometres southwest of Williams Lake.

A decision on the injunction was handed down Friday, Sept. 6 in B.C. Supreme Court.

Xeni Gwet’in Chief Jimmy Lulua said the injunction will remain until the Tsilhqot’in Nation’s own court case against the provincial government for issuing the proposed drilling permit to Taseko is heard.

“We have rights to hunt and fish in that area and protect our cultural and sacred grounds,” Chief Lulua said. “They have to prove that they won’t impact any of those at all — that’s what will be heard in court. We don’t have a court date yet.”

Lulua said he is relieved by Friday’s decision to grant the injunction.

“It was our last Hail Mary,” he told the Tribune. “There was no other option and if we lost it would have definitely been a hairy situation. A lot of our people are fierce and when you look at our situation, our fish stocks are not in the rivers right now.”

Read more:Big Bar slide prompts first-time-ever salmon purchase by four Tsilhqot’in communities

The decision, he added, shows that courts are starting to recognize Aboriginal rights and title.

“That transition period has taken a lot of time, but since 2014 the court system seems to be doing that. It basically comes down to what judge you get — it is the luck of the draw.”

Brian Battison, Taseko Mines Ltd. vice-president of corporate affairs, told the Tribune the judge said she would not rule on whether Taseko could proceed with drilling until after the infringement court case is heard and decided upon.

The decision to halt the drilling will lead to a delay in Taseko’s ability to undertake physical work at its proposed mine site property, Battison commented.

“In a broader context it’s a decision that makes it difficult to be optimistic about resource development in the general area the Tsilhqot’in claim to be theirs,” he added.

Taseko initially received a permit for the drilling program in the summer of 2017 from the provincial government. The permit has been challenged repeatedly by the TNG and has gone before the BC Supreme Court, the Court of Appeal and an application to have it heard at the Supreme Court of Canada was turned down.

On July 2, 2019, the Tsilhqot’in Nation stopped Taseko contractors from hauling equipment into the site by setting up a road block at the Farwell Canyon Road off Highway 20.

Read more: Tsilhqot’in Nation stops Taseko Mines exploratory drilling

Both sides sought injunctions in B.C. Supreme Court and the judge hearing the cases in August postponed making a decision until September.

Chief Russell Myers Ross, TNG vice-chair, said the BC Supreme Court’s decision is a victory for the Nation as the matter continues to unfold in court. “Through the Dasiqox Tribal Park initiative, we have set out a different vision for these lands and waters that respects our culture and our aspirations and creates a space for healing,” Myers Ross said. “We will continue to work to see that this vision becomes a reality for our people and that future generations benefit socially, economically and environmentally from all the sacrifices that the Nation has and continues to make.”



news@wltribune.com

Like us on Facebook and follow us on Twitter

Just Posted

Climate strike draws huge crowd in Duncan

Millions strike for climate worldwide

‘Youthful exuberance’ or ‘grievous deed’: opinion is divided on Trudeau’s ‘brown face’ costume

Local Liberal candidate asks voters to concentrate on Prime Minister’s political record

North Cowichan to consider contracts for new RCMP building

Looks to contractors working on similar construction in Fort St. John

Update – Downtown Chemainus streets reopened after Thursday gas leak

FortisBC crews complete repairs along section of Cypress Street

Source of gas leak being investigated

Portion of downtown Chemainus blocked off around the new library

VIDEO: Grizzly bears fight along northern B.C. highway in rare footage

Cari McGillivray posted the head-turning video, shot near Stewart, B.C., to social media

Handgun crackdown, health spending and transit plans latest campaign promises

Friday was the end of a busy week on the campaign trail

B.C. woman photographs massive ant swarm on Abbotsford driveway

She asked what the ants were doing? The answer: war

Police arrest B.C. phone scammer linked to illegal call centres in India

Person arrested in Burnaby here on a work visa, says police

Air Canada forced girl, 12, to remove hijab: civil rights group

The San Francisco Bay Area office of the Council on American-Islamic Relations calling for change

Man from Winnipeg who was hiking alone found dead in Banff National Park

RCMP say the man was hiking alone on Mount Temple Thursday

Takaya, B.C.’s intriguing lone wolf, seen eating seal and howling away on Discovery Island

Fun facts about Takaya the wolf, like his a 36-hour tour around Chatham, Discovery Islands

Resident finds loaded shotgun inside a duffle bag in Kelowna alleyway

RCMP seized a loaded 12-gauge shotgun, ammunition, clothing and other items

Graffiti, calls and Snapchat: RCMP probe string of threats targeting Kamloops schools

There have been nine different threats made to four different schools in the city

Most Read