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Tahltan, Skeena, province sign landmark mine permitting pact North of 60 Mining News - June 6, 2022
Tahltan Central Government, Skeena Resources Ltd., and British Columbia have signed a landmark agreement that reshapes the mine permitting process in Tahltan Territory, the province, and potentially across all of Canada.
Under this historic pact, Skeena's Eskay Creek gold-silver project will be the first proposed mine in BC to have permits authorized by an indigenous government, marking a significant step toward incorporating the principles of the United Nations Declaration on the Rights of Indigenous Peoples, commonly referred to as UNDRIP or the Declaration Act, into the environmental assessment process.
"Today marks an exciting step forward in the evolution of the relationship between the Tahltan Nation and the Province of British Columbia," said Tahltan Central Government President Chad Norman Day. "Reconciliation is not achieved with just one step. It requires ongoing innovation, collaboration and leaning into discomfort. For the Tahltan people, strengthening and preserving our culture, values and independence is why we keep pushing forward on this journey."
The 95,933-square-kilometer (37,040 square miles) Tahltan Territory covers approximately 70% of the Golden Triangle, a region of northwestern BC renowned for its rich endowment of gold, silver, copper, nickel, and other metals.
Considered one of the richest mineral districts on Earth, Tahltan Territory has become a popular destination for mineral exploration and mining companies.
While not inherently opposed to mining or other resource development within its territory, Tahltan Central Government insists that companies doing business within its homeland recognize Tahltan sovereignty as outlined in the 1910 Declaration of the Tahltan Tribe. This includes having a seat at the table on any resource decisions made within Tahltan Territory.
"The Tahltan Central Government has been clear on behalf of all Tahltan people that there will be no world-class mining jurisdiction in Tahltan Territory without robust Tahltan stewardship which must include world-class wildlife and fisheries management, strong environmental mitigation measures and recognition of our 1910 Declaration," Day added.
BC officials say the agreement for consent-based permitting of the Eskay Creek Mine project recognizes Tahltan rights and title within its territory and honors the First Nations' jurisdiction when it comes to land management decisions there.
"This historic step shifts B.C.'s legal decision-making framework to respect First Nations jurisdiction, recognize the inherent rights of the Tahltan and provide a clear, stable and sustainable path for everyone to work together," said British Colombia Premier John Horgan. "The Tahltan Nation is a strong partner. By working together, we are delivering on the promise of reconciliation, supporting predictability for business and encouraging responsible investment in B.C."
By taking the lead in First Nations reconciliation and incorporating UNDRIP principles into the permitting process, the provincial government hopes to establish BC as a preferred destination for investors that are increasingly considering environmental, social, and governance (ESG) in their investment decisions.
"We are breaking new ground in how the provincial government, First Nations and companies can work together – recognizing jurisdiction for decisions in a Nation's territory. We are creating regulatory clarity and greater certainty for investors while protecting our natural environment for the generations to come," said BC Minister of Environment and Climate Change Strategy George Heyman.
For Skeena, which has worked diligently to establish a strong partnership with the Tahltan Nation, the agreement provides greater certainty and a solid framework for permitting a modern operation at the past-producing Eskay Creek mine.
During the previous operation of Eskay Creek, Barrick Gold Corp. produced 3.3 million oz of gold and 160 million oz of silver over 14 years of underground mining that ended in 2008.
With strengthening precious metals prices, along with more than C$2 billion invested in delivering industrial power and other infrastructure upgrades in the Golden Triangle since the closure of Eskay Creek, Skeena cut a deal to buy Eskay Creek from Barrick in 2017.
Over the ensuing five years, Skeena has built a near-surface resource that supports its idea of developing an open-pit mine at this precious metal-rich volcanogenic massive sulfide project previously mined from underground.
The mining company has also worked closely with the Tahltan Nation and its people, a key to gaining the First Nation's consent for what is now known as the Eskay Creek Revitalization Project.
"As an already developed mine site with existing road access, waste management facilities, nearby access to green power, and robust economics, gaining consent from the Tahltan Nation on whose unceded land Eskay Creek is located, is a crucial step in an efficient approval process for the project," said Skeena Resources Senior Vice President of External Affairs and Sustainability Justin Himmelright. "It also provides certainty of the Tahltan Nation's legal authorization to revitalize Eskay Creek."
This landmark decision also puts a seat at the table for other BC First Nations when it comes to the environmental assessment of mining projects in their territory and opens the door for similar consent-based decision-making processes for resource development projects across Canada.
"Together, the Tahltan Central Government and the province are leading the way toward a new model for advancing free, prior and informed consent," said BC Minister of Indigenous Relations and Reconciliation Murray Rankin.
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