The B.C. Supreme Court has dismissed the Xatśūll First Nation’s application to stop the tailings dam increase at Mount Polley Mine.
Xatśūll First Nation filed an injunction and judicial review of two provincial approvals of the tailings in April, 2025. The First Nations claimed the province’s approval of the four-metre increase of Mount Polley’s dam was without “meaningful” consultations with the nation.
As well as allowing work on the damn to continue without an environmental assessment at the site of the 2014 dam’s collapse in Xatśūll’s territory.
However, Justice Michael Tammen ruled the provincial government’s consultation with Xatśūll First Nation was “deep” and provided the First Nation opportunities to present its persepectives on the impacts of the construction of the dam.
In a statement, Xatśūll First Nation says it is “disappointed” with the BC Supreme Court’s decision to dismiss the Nation’s injunction. Xatśūll says the mining disaster in 2014 impacts “are still harming [the] Nation’s rights, culture, and way of life today.”
In a conference after the decision, Imperal Metals CEO Brian Kynoch says that Imperial Metals welcomes the decision by the Supreme Court, to allow the Mine to continue construction and operations of the tailings storage facility.
“This is an important decision for the mine. Being able to move ahead with the raise helps us keep our operations stable and avoid unnecessary disruptions to many people that depend on income from the mine. Our focus has always been to operate responsibily and maintain a safe and stable environment for our workforce and surrounding communities, and engage respectfully and in good faith with our Indigenous Nations.”
Kynoch continued by saying that Mount Polley is waiting on a separate permit amendment for the Springer Expansion Project that would extend the life of the mine, and allow Mount Polley to continue to operate at full capacity. Kynoch says without the permit, the mine “may be put in jeopardy” and will need to revise opertaional plans.
He adds that design engineers have also been revising and have “found what caused the failure” in the 2014 dam collapse, and the regulations of the designs have been updated, and have incorporated 12 million tonnes of buttresses to support the area that “previously failed and was weak.” Kyncoh added that the new design meets the new current safety and environmental standards.
Lastly, Kynock saids that Imperial Metals and Mount Polley will continue to consult with both the Williams Lake First Nation and Xatśūll First Nation.
In a statment released by Imperial Metals, Williams Lake First Nation’s Chief Willie Sellars says the Williams Lake First Nations respects the Supreme Court’s decision.
“We support and hold up the Court’s decision to dismiss the petition,” said Willie Sellars, Chief of the Williams Lake First Nation (WLFN). “Mount Polley is a key economic driver in our region, providing stable employment and supporting important programs for WLFN members. This outcome brings certainty for our region and local businesses, and we look forward to the province continuing to support the mine’s operations through timely permit approvals.”
The Mount Polley Mine employees 390 people, and says it will continue to committ to transparent engagnment with Indigenous Communities, as well as a “significant economic driver” of the Cariboo–Chilcotin.
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