Xatsull First Nation has filed for a judicial review in the B.C. Supreme Court challenging the provincial government’s approval to increase the height of Mount Polley’s tailings storage facility dam.
In a news release, the Nation stated the provincial government allowed the project to proceed without conducting a legally required environmental assessment.
On March 27, B.C.’s Minister of Mining and Critical Minerals and Minister of Environment and Parks approved raising the dam height by four metres. The ministers said the adjustment was necessary to manage water safely ahead of the spring freshet.
According to the ministers, the approval followed comprehensive technical reviews by experts, including external engineers, and consultations with First Nations.
Xatsull Chief Rhonda Phillips described the decision to approve raising the dam height without an environmental review or consent from Xatsull First Nation as “unconscionable.”
“The risks of raising the tailings storage facility dam must be properly understood by Xatsull and the public before any work is authorized,” Phillips said. “We are standing up to demand accountability, transparency and a proper assessment process that respects Indigenous knowledge and the law.”
In addition to seeking judicial review, Xatsull plans to file an injunction in the coming days to halt construction on the dam until the court has ruled on the matter.
“We are not opposed to development,” the Nation stated. “We support development that is responsible, sustainable, and carried out in partnership with Indigenous Nations—development that respects our rights, our lands, and our future.”
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