The mining newspaper for Alaska and Canada's North
The mining newspaper for Alaska and Canada's North
North of 60 Mining News - November 25, 2024
This camp is among the C$444 million ($315 million) of work completed by Seabridge prior to being granted substantially started status for the KSM Mine project.
Tsetsaut Skii km Lax Ha Chief Darlene Simpson fishes in traditional waters near the planned tailings facility for the KSM copper-gold mine.
The Tsetsaut Skii km Lax Ha (TSKLH) has filed a petition to challenge the British Columbia's "substantially started" determination for Seabridge Gold Inc.'s KSM copper-gold mine project in Northern B.C., a status that ensures that a previously approved environmental assessment certificate (EAC) remains in effect for the life of the mine.
Tsetsaut Skii km Lax Ha, a First Nation that contests rights of the Nisga'a Nation and Tahltan Nation over the eastern side of the KSM project, which is where Seabridge plans to build the tailings facility for the mine, says it was not adequately consulted by the provincial government prior to the B.C. Environmental Assessment Office's approval of Seabridge's KSM substantially started status application.
Tsetsaut Skii km Lax Ha Chief Darlene Simpson fishes in traditional waters near the planned tailings facility for the KSM copper-gold mine.
"The Tsetsaut Skii km Lax Ha's rights and responsibilities for our traditional territory must be respected," said Tsetsaut Skii km Lax Ha Chief Darlene Simpson. "We are not anti-industry, but mining activity has been taking place on our lands without our consent, including activities that may put our waterways, wildlife and food security at risk."
In a petition to the B.C. Supreme Court, Tsetsaut Skii km Lax Ha is requesting an order to quash the previously approved substantially started determination for KSM due to the province failing to fulfill its duty to consult the First Nation.
Seabridge contends that Tsetsaut Skii km Lax Ha were active participants in the KSM substantially started decision making process. The company adds that three other First Nations and six municipal governments in Northern B.C. expressed strong support for the positive determination.
"Seabridge's application for a 'substantially started' determination was widely supported by the communities of northwest British Columbia, including Indigenous communities," said Seabridge Gold Chairman and CEO Rudi Fronk. "TSKLH were provided the relevant information early and participated in the province's review process, including submitting comments for the province's consideration. TSKLH may not agree with the ultimate 'substantially started' determination, but Seabridge is confident that there is ample evidence that the determination was reasonable."
Tsetsaut Skii km Lax Ha contends that the consultation was disproportionally weighed toward the larger Tahltan and Nisga'a Nations, which have agreements with Seabridge "worth hundreds of millions of dollars in benefits and billions in potential employment."
"For both the province and industry, it is not legally sufficient to consult and accommodate only larger Nations," said Ryan Beaton, legal counsel for the Tsetsaut Skii km Lax Ha.
In the meantime, the substantially started status for KSM remains in place until Tsetsaut Skii km Lax Ha's petition is settled.
If Tsetsaut Skii km Lax Ha is successful in its petition, the likely path forward is for the substantially started process for KSM to be resumed to include additional consultation or reconsider the reasoning behind the previously issued determination.
"Seabridge plans to participate in defending the validity of the 'substantially started' determination and will be conferring with its legal counsel on the ways in which it may do so," said Fronk.
Over his more than 16 years of covering mining and mineral exploration, Shane has become renowned for his ability to report on the sector in a way that is technically sound enough to inform industry insiders while being easy to understand by a wider audience.
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