The Mount Polley Mining Corporation has voluntarily provided an undertaking to the BC Supreme Court not to use the additional capacity of the 4-metre raise of the tailings storage facility until July 1, 2025, at the earliest.
This was recorded in the court’s order at the request of the Xatśūll First Nation’s counsel, as part of the First Nation’s judicial review.
No injunction has been ordered by the Supreme Court, and Mount Polley Mining’s normal operations and construction of the 4-metre raise will continue.
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 for the additional storage facility’s capacity 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 argue that the pause of tailings deposition 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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