Read this story from CTV.ca on a new round of federal environmental hearings into the proposed Prosperity Mine at Fish Lake. (Jan. 29, 2012)
With all eyes on hearings for the controversial Northern Gateway pipeline that would link Alberta's oil sands to tankers on the B.C. coast, a federal environmental review of another contentious B.C. project is quietly getting underway.
The Canadian Environmental Assessment Agency has released guidelines and terms of reference that will form the framework for an environmental review of Taseko Mines Ltd.'s (TSX:TKO) proposed Prosperity gold and copper mine in the B.C. Interior.
The agency is seeking comments on the documents until Feb. 22.
But the approach of Prime Minister Stephen Harper's government toward the federal hearings on the Northern Gateway doesn't give First Nations opponents much faith in the environmental review of the mine.
"We feel the writing's on the wall," Chief Joe Alphonse, leader of the Tsilqhot'in National Government, said in an interview.
"Mr. Harper is making statements around the Enbridge project that anyone opposing the project is an enemy of Canada. That's the same situation."
It was a day of polarities to be sure. Whether it was planned or coincidence (though many First Nations will tell you there are no coincidences), December 2nd began with Taseko Mines Ltd. (TML) president and CEO Russell Hallbauer beaming with approval at the pro-mining speech given by Minister of Energy and Mines, Rich Coleman, at a mining forum luncheon. Humble pie was to be served later at the Supreme Court of B.C. as a ruling came down for an injunction against Taseko Mines, preventing them from pursuing work in the Tsilhqot'in territory.
Over 300 people gathered at the Vancouver Trade and Convention Center's Pro Mining Forum at a cost of $100 per person, with a cult-like aura in the room with money as their god. Among the sponsors and participants were BMO, Teck, Taseko Mines Ltd, HDI, Stantec, Finning, and Accenture, with The Vancouver Sun and the Province as media partners.
As the lunch bell rang, “special” guest speaker Rich Coleman was introduced as one of the “smartest men in the world” and was welcomed by applause from costly suits that included Hallbauer, TML corporate affairs manager Brian Battison, and their legal adviser Keith Clarke - all of whom had been sitting through the injunction case with the Tsilhqot'in in the days prior.
In an ironic twist, part of the mining forum was to address "Calls to action [that] will include the need to review federal and provincial processes and showcasing world-class models of social responsibility, First Nations engagement and political stability, so advantageous in a volatile global market." There was but one First Nations person in the entire room, that being Annita McPhee, Tribal Chair of the Tahltan Central Council, and with nothing else to go on, Coleman sought to use the Talhtan presence as an example of how other First Nations should be working with and trusting in the mining industry.
Coleman's speech was what might be expected from one whose greatest goal is to mine the hell out of everything - complete with high praise for Christy Clarke's globetrotting to “sell B.C.”
In spite of promises that media would get a chance to ask questions, the floor was instead opened to the elite patrons of the event, leaving no room for questioning the Minister of Mining and Energy on matters that he was no doubt keen to avoid.
As the Province of B.C. has been aggressively bullying its way to expand mining proposals and promoting B.C. as a “place to invest”, the response by First Nations has increasingly been to stand their ground in opposition to the blatant disregard for First Nations rights and the damage that such mining projects can often bring. Front and center in such opposition has been the Tsilhqot'in Nation, who have been battling attempted invasions into their territory for gold since the mid to late 1800's, with the Tsilhqot'in War of 1864 leaving 6 of their chiefs murdered.
For the past 20 years Taseko Mines has been trying to get approval for what has been called one of the most contested mining projects in Canada. In 2007 a ruling by Justice Vickers was made in the Tsilhqot'in vs. B.C. Aboriginal title case that the Tsilhqot'in have the right to utilize their lands as their ancestors had done before them, for food, ceremonial and spiritual practices.
In spite of the ruling and the Tsilhqot'in's assertions that the project remains unacceptable, Taseko Mines Ltd. continues to pursue their proposed “New Prosperity Mine”. On November 2nd, 2010, after the Canadian Government dismissed TML's "Prosperity Project", President and CEO Russell Hallbauer stated: "Our next steps will be discussions with both the Federal and Provincial Governments to look at options so that this mining project can move forward and meet the criteria that the Federal Government deem appropriate.'" No mention made of consulting with the Tsilhqot'in National Government (TNG).
TML was granted permits by the Province of B.C. to begin exploratory drilling, and on Nov. 12, 2011, attempted to begin work. Since the Tsilhqot'in National Government had exhausted every possible avenue to put a stop to the mining proposal, Marilyn Baptiste, Chief of the Xeni Gwet'in band, did the only thing left for her to do: she stood between the convoy of TML employees and informed them that they had no jurisdiction on traditional Tsilhqot'in territories, that their permits were not recognized by the Tsilhqot'in, and that the Province of B.C. did not have authorization to be in Tsilhqot'in territory.
Taseko Mines Ltd., expecting direct opposition to their arrival on Tsilhqot'in land, had cameras in hand to document what they deemed to be a roadblock - which was in reality but Marilyn Baptiste, who stood in the road to advise them of their trespassing. Believing that such evidence would show them in good light, TML applied for an injunction and submitted the footage as evidence. At the same time, the Tsilhqot'in had filed for an injunction against Taseko Mines Ltd. to prevent it from trespassing on Tsilquot'in territory.
At the hearing on Nov. 29th, Chief Marilyn Baptiste, along with Grand Chief Stewart Phillip and Chief Bob Chamberlin of the Union of BC Indian Chiefs, watched the footage that Taseko's lawyer claimed left Chief Baptiste's hands “unclean” in entering the court case due to her perceived unlawful behavior. Rather than incriminate her, the footage displayed the courage and conviction of Chief Baptiste as she carried out what she called her sacred duty to protect the lands as her ancestors before her had done.
Supporters of the Tsilhqot'in sat up with pride as the footage played. To the right of the courtroom TML's president Russell Hallbauer, legal adviser Kieth Clarke and others presumably from TML sat in stark contrast, appearing to realize that their precious evidence did more to make them look the bullies that they are, bandying about a note from the Crown as though it meant more than protecting the lands upon which an entire culture depends.
Upon his ruling on Dec. 2, Justice Christopher Grauer found that Chief Baptiste's behavior as seen on the video seemed more of a moral blockade than a physical one. The tension in room 54 of the Supreme Court was thick as no one could read how the judge would rule. Sidelong glances came from Taseko's people, who had only a few hours earlier been dining off their mining profits. As Justice Grauer continued to read his findings, the body language of Keith Clarke and Russell Hallbauer seemed to indicate a sudden onset of indigestion.
When Justice Grauer finally noted that it was with “blood, sweat and tears” that the Tsilhqot'in have tried to get the government to understand the importance of their lands, Mr. Clarke bent over in his seat, as though knowing there'd be more to come. And come it did, as Grauer also noted that it would be the Tsilhqot'in who would suffer irreparable damage should Taseko be allowed to proceed, as well as the financial losses that the Tsilhqot'in would incur, and have incurred in the struggle to see their rights recognized - financial losses that would not be reimbursed as they would for TML.
On the grounds of actual damage, Grauer found that while TML might suffer financial costs for equipment that had been rented, the loss did not go beyond that and costs could be regained, whereas the loss of habitat would be irreparable. “Once disturbed, it is lost” he stated.
Unfortunately, Justice Gruaer did rule the Tsilhqot'in National Government must pay financial losses to Taseko Mines Ltd. for equipment rentals. Full justice would have meant the Province footing the bill for the day and a half of TML's financial losses; yet after a week of drumming outside the Supreme Court - with simultaneous drumming and prayers in Williams Lake and elsewhere - the people of the Tsilhqot'in have much to smile about as they get a reprieve from Taseko's threat to their lands, waters, and way of life.
One more battle down, one more victory for the Tsilhqot'in - but the war is ongoing until Aboriginal Rights to protect their lands and way of life are truly realized and the "New Prosperity Mine" proposal put to rest once and for all.
Elena Edwards in a Vancouver-based environmental and social activist who attended the full Tsilqot'in injunction hearings this past week and has also attended and documented much of the Cohen Commission into disappearing Fraser River sockeye.
Read this breaking story from CTV News on BC Supreme Court Justice Christopher Grauer's decision earlier today to grant the Tsilhqot'in First Nations an injunction to prevent Taseko Mines from carrying out any more preliminary construction work on its controversial proposed Prosperity Mine.
"An aboriginal band has been granted an injunction preventing
Taseko Mines from conducting exploration work around its proposed gold
and copper mine in B.C.'s central Interior. In the same court hearing, Taseko failed in its bid for an
injunction forcing the Tsilhqot'in First Nation to stop blocking the
company's access to the site outside Williams Lake, B.C.
B.C. Supreme Court Justice Christopher Grauer ruled Friday the
band wasn't properly consulted on two permits granted to Taseko by the
provincial government. Grauer said the First Nation will suffer greater harm than Taseko
if the exploration and trail building work for the proposed New
Prosperity mine continues." (Dec 2, 2011)
Damien Gillis discusses a range of topics with Mehdi Najari - host of The Hidden News on Victoria's CFUV 101.9 FM - including the escalating stand-off over the proposed Prosperity Mine in the Tsilhqot'in Territory, southwest of Williams Lake, BC. Since the taping of this interview, the Tsilhqot'in peoples won an injunction to halt early construction work on the highly controversial mine. Gillis and Najari also discuss the history of indigenous resistance to mining projects in BC, including the historic Tsilhqot'in War over an eerily similar stand-off in the same territory 150 years ago. From November 29, 2011.
The Tsilhqot'in First Nations and their supporters have been at the BC Supreme Court this week, fighting for an injunction to keep Taseko Mines from commencing work on the controversial proposed Prosperity Mine - amid Tsilhqot'in traditional territory, southwest of Williams Lake. While the Harper Government recently agreed to examine a new version of the mine it already rejected last year, the BC Government has pushed ahead, granting the company permits to begin work. The result is an accelerating stand-off between First Nations, Taseko and the Clark Government - highlighted at this rally outside the courthouse on Monday.
Read this story from The Globe and Mail on the debate between First Nations and Taseko Mines, now playing out in the BC courts.
"The battle between the Tsilhqot’in Nation and Taseko Mines Ltd. has
heated up after allegations that three members of the first nations
community obstructed workers attempting to access the Prosperity mine
site in northern B.C.
'As a result of this interference, we,
today, have initiated legal proceedings against these individuals and
we’ll be seeking an order restraining them from unlawfully interfering
with the company’s lawfully approved work,' said Brian Battison, the
company’s corporate affairs vice president. Taseko has received
government approval to conduct exploratory work." (Nov. 14, 2011)
Editor's Note: In the wake of two major developments regarding the highly controversial proposed Prosperity Mine - the Harper Government's decision to provide Taseko Mines a new environmental review for an alternate version of the project and the BC government's issuing of road building and exploration permits to the company, over First Nations opposition - David Williams of Friends of Nemaiah Valley provides a candid summary of the enormous environmental and cultural implications of the proposed mine. This is the first story from our new op-ed blog, Your Voice.
Earlier this week, we at Friends of the Nemaiah Valley (FONV) heard that the Canadian Environmental Assessment Agency (CEAA) has agreed to conduct an environmental assessment of Taseko Mines Ltd. (TML) proposed “New Prosperity” mine application in Tsilhqot'in territory.
This unfortunate decision is misguided for many reasons. This is the third try by TML to develop this mine, one of the largest gold/copper deposits in British Columbia. It was turned down twice in the recent past because the environmental consequences would be too great. Even by Taseko's own admission during hearings last year, this “tweaked” proposal, then known as Option II, would have even worse environmental consequences than the one rejected by the federal government.
While there are environmental reasons to reject this mine – it is in prime grizzly habitat, will destroy a large rainbow trout population, and threatens large salmon runs that are part of the Fraser River fishery – it is the impact it will have on the local Xeni Gwet'in community in the Nemaiah Valley that I want to focus on.
Picture a “camp” of up to 600 miners placed into a remote First Nations Community that is still largely dependent upon the land for sustenance and identity. This camp will be in place for up to 35 years. 250 Xeni Gwet'in, the People of the Rivers, live in the Nemaiah Valley alongside a small settler community of about fifty people. The latter operate small ranches, run wilderness lodges, fish, hunt and trap, and just like the way of life that prevails here.
Xeni Gwet'in, like indigenous people everywhere, identify with their land. They see themselves as part of it and view any action that destroys any part of it as an assault upon their very being. These days Tsihqot'in culture is recovering from the onslaughts of the colonial era; displacement from places they have relied upon for survival for virtually forever, the reserve system, and residential schools that were designed to destroy their language and culture. That recovery is well advanced in the Nemaiah Valley. Fully 50% of the food consumed comes directly from the land and includes salmon and trout from Nabas.
Consequently they have the lowest diabetes rate in British Columbia. The Tsihlqot'in language, almost lost a few years ago, is now taught in the local school. Peter Brand, Director of the brilliant First Voices programme, says that of all the places he visits across the province the Nemaiah Valley Xeni Gwet'in live closest to their traditional way of life.
An ethic of caring for their land lies deep within the culture.
Chief Marilyn is one of three Xeni Gwet'in co-authors interviewed by Jonaki Bhattacharyya, doctoral candidate at the University of Waterloo. (It’s Who We Are: Locating Cultural Strength in Relationship with the Land, a chapter in a forthcoming book published by UBC Press).
"You need to teach about the importance of caring for water and resources as early as you can! And that’s how the language is learned.
The Tsilhqot’in language is where the deepest strength of who we are and how we’re tied to the land really is."
Speaking of the panel hearings into Prosperity Mine specifically specifically Marilyn says:
“Our community here, Xeni Gwet’in...we went into the CEAA Panel hearings thinking that we weren’t going to have enough speakers. That was always the fear in all the communities. Because that is a very threatening, intimidating process! Even to us, as leaders! But...our people did just tremendously. It would blow your socks off! Our Elders, our people...just being there, filling the room all those days, and being here those long hours. You couldn’t chase them away if you wanted to. They’d probably chase you away! [laughs] And our youth, the school, all of the kids... The senior class decided to do some submissions. They did a beautiful job. And the intermediate class, they did a play. That was so amazing! They did such a tremendous job. The strength and the voices of everybody in the Tsilhqot’in communities...”
From the same chapter by Bhattacharyya, Xeni Gwet'in Wild Horse Ranger David Setah:
“I think in order to give, to find that strength...your kids should also know their past, your past histories… all that about being caretakers, Chilcotin War, all the legends. All that will lead them to who they are. And all that will strengthen them, because they know that they are actually Tsilhqot’ins, and they know their history. And they can go out there being proud because they know they’re connected to that area.
That’s one of my biggest goals is that we’re being caretakers. We’ve done it in the past, and with European contact and things like that, we can still do it. We must still keep in mind that we need to protect our rights. If we keep on in that fashion we’re just building ourselves a stronger nation, and it would be pretty hard for something to come in to affect us. The land is... to remain as a nation and to be recognized as a nation you need the land. We need to take care of the land. That’s what we did a long time ago. And that’s why we’re situated in the areas that we are: to take care of the land.”
Culture matters. These voices bring an important message. Indigenous cultures and languages are vital repositories of knowledge and custom that show a thousand ways to be human. Indigenous cultures, and a way of life still strong in the Nemaiah Valley, can teach us all how better to live in this land. Until we learn to show respect for the land, and for them, we will continue an ethic of endless growth that is having cumulative environmental impacts that threaten the very ecosystems that make life on this planet possible.
The people of Xeni are not unsophisticated. They and their settler neighbours and friends were opposed to Prosperity Mine last year. The new model is no better or even worse. They know what 600 miners running loose in their community will do to their way of life, to their land, and to their children. Drugs, alcohol and abuse will be an inevitable component. Mechanized recreation on a vast scale will destroy budding attempts by the community to build a local economy centred around wilderness and cultural tourism. There is plenty of precedent for similar disasters throughout Canada and in third world countries.
It is time to put an end to this colonialist venture if Canada is to maintain even the pretence of being a just nation.
The Tsilhqot’in Nation is firing back at the BC Government with legal action following the confirmation this past Friday that the Province has issued permits to Taseko Mines for work related to its proposed Prosperity Mine at Fish Lake, West of Williams Lake.
According to a press release issued by the aboriginal government, "The Tsilhqot’in Nation has launched a court challenge asking the B.C. Supreme Court to invalidate or suspend approvals granted by British Columbia to Taseko Mines Limited for extensive drilling, excavation, timber clearing, road construction and other exploratory work for its controversial 'New' Prosperity Mine."
Earlier this week, leaders representing the Nation condemned the Clark Government's decision to award work permits long before the highly controversial project receives federal approvals. The Harper Government confirmed on Monday that an amended proposal for the project it rejected last year will receive a second federal environmental assessment.
The judicial petition filed in the BC Supreme Court alleges the Province neglected to consult and accommodate First Nations regarding the controversial permits.
“This company went through years of exploration for its failed first bid,” said Chief Marilyn Baptiste of the Xeni Gwet'in people, upon whose territory the mine would be built. “Now they want to go back in there and drill more holes, dig nearly 60 test pits and clear over 23 kilometres of road, all for this new mine proposal that the company knows – and has publicly stated – is worse for the environment that its preferred option. We are appealing to the court to uphold the principles of fairness and justice.”
Chief Joe Alphonse, Tribal Chair of the Tsilhqot’in National Government added, “We’re talking about serious impacts for our rights and our culture. The Province refused to acknowledge these impacts, no matter what we
say; it is more concerned with handing over approvals. We’ve gone to
court before, we’ve stood in front of the federal panel, we have proven
over and over again how important these lands are to our people and our
culture – but the Province never seems to get the message.”
The Nation's legal counsel, Jay Nelson, said the Province secretly approved the permits 6 weeks ago, without alerting his clients. “We all know this is a high conflict situation, and this kind of disrespect only throws fuel on the fire,” he added.
Read this story from the Williams Lake Tribune, confirming the Clark Government has already issued permits to Taseko Mines for exploration and road building related to the company's highly controversial Prosperity Mine - this despite the announcement of a new Federal Panel Review on the company's updated proposal and the ongoing opposition of local First Nations.
"The permits pertain to on-site work required for engineering purposes
and include permission to build 'trails' to move equipment on the
property as well as drilling and test pitting to obtain geotechnical
information for the project’s new dam location. [Taseko Vice-President Brian] Battison said the permits allow for 59 test pits, eight
geotechnical drill holes and 10 diamond drill holes as well as 23.5
kilometres of trail...
...Tsilqot’in National Government chair Joe Alphonse called the issuance
of permits, '...drawing a line in the sand.' He added, 'I think they
want to know what’s going to happen and I think that’s a good way to
find out.' Alphonse said there is a general lack of faith in the provincial review process. 'Whatever process the province is coming up with it has already been pre-approved as far as we’re concerned,' he said." (Nov. 8, 2011)
Read this story from CBC.ca confirming that Taseko Mines will get a second chance at a federal panel review with a revised proposal for its Prosperity Mine, in the Chilcotin Territory West of Williams Lake. Meanwhile, First Nations remain vehemently opposed to the project, even in its latest incarnation.
"The Canadian Environmental Assessment Agency ordered a new federal
review Monday of the company's proposal for the New Prosperity Mine,
located 125 kilometres southwest of Williams Lake, B.C. The federal agency initially found an earlier version of Taseko's
mine environmentally unacceptable. Based on that assessment,
then-environment minister Jim Prentice refused to let the project go
ahead in November 2010.
The review panel will be a group of independent experts selected on
the basis of their knowledge and expertise and appointed by the minister
of the environment. The assessment that Prentice based his judgment on
was a comprehensive study. Those studies are conducted by CEAA staff in
collaboration with environmental experts from various federal
departments." (Nov. 7, 2011)
