The British Columbia Supreme Court has ruled that no additional tailings will be deposited at Mount Polley Mine’s raised storage facility until Xatśūll First Nation’s judicial review has been heard.
Xatśūll First Nation filed for a judicial review in April, challenging the provincial government’s approval of the additional tailings. The First Nation said the government allowed the project to proceed without the legally required environmental assessment and without obtaining Xatśūll’s prior and informed consent.
In a statement released on May 8, Xatśūll says they “welcome” the BC Supreme Court’s decision to ensure no additional tailings are done.
“Today’s decision will help ensure that no further harm from increased tailings deposition is done to Xatśūll Territory by Mount Polley,” Xatśūll Chief Rhonda Phillips states in the release.
In addition to the ruling, the Supreme Court has expedited the judicial review to be heard in June.
Xatśūll says in addition to the judicial review, it will be arguing that the pause of deposition of tailings in the storage facility remains until the Supreme Court has decided on the judicial review.
The First Nation remains hopeful that Imperial Minerals, Mount Polley, and the provincial government “will act in good faith” and work to strengthen their relationships in a way that builds trust, but also respects Xatśūll’s role in the Territory.
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