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Court of appeal grants injunction on Taseko91裸聊视频檚 exploratory drilling in B.C. Interior

The decision provides temporary protection and relief, said Chief Joe Alphonse
13595051_web1_180919-WLT-FishLake
The BC Court of Appeal has granted an injunction against Taseko Mines Ltd.91裸聊视频檚 exploratory drilling permit at Teztan Biny (Fish Lake) for its proposed New Prosperity Mine Project in B.C.91裸聊视频檚 Interior. Photo submitted

The Ts虃ilhqot91裸聊视频檌n Nation has once again been granted an injunction to stop Taseko Mines Ltd.91裸聊视频檚 exploratory drilling permit for its New Prosperity Mine project at Teztan Biny (Fish Lake) and surrounding areas.

An injunction was decided by the BC Court of Appeal on Monday until it hears and decides the case.

On Aug. 23, 2018, the B.C. Supreme Court upheld a permit authorizing TML to undertake an extensive drilling program at Teztan Biny and the surrounding area.

91裸聊视频淲e are somewhat relieved that the injunction will protect the area for two months, but we will end up going into appeal hearings most likely at the end of November,91裸聊视频 Chief Joe Alphonse, TNG tribal chairman, told the Tribune Tuesday. 91裸聊视频淚t will always continue. We will never agree to them moving forward.91裸聊视频

Brian Battison, Taseko91裸聊视频檚 vice-president of corporate affairs, told the Tribune , the provincial government issued a notice of work for the company to do the exploratory drilling.

91裸聊视频淭he TNG challenged that in court, critical of the provincial government and argued the government91裸聊视频檚 consultation was inadequate,91裸聊视频 Battison said. 91裸聊视频淭he court decided in favour of the provincial government, saying the consultation was adequate and the process was solid and the notice of work was valid.91裸聊视频

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Taseko began to prepare to do the work on site by putting up flags, but did no mechanical or intrusive work, he added.

91裸聊视频淭he TNG then petitioned for an injunction from the court to keep us from doing the work until the appeal of Justice Branch91裸聊视频檚 decision is decided upon. A different judge decided on Monday to grant the injunction.91裸聊视频

Alphonse said at the crux of their court challenge is the fact the Tsilhqot91裸聊视频檌n are the only nation that has proven aboriginal rights title.

91裸聊视频淭herefore the consultation that is there, is for First Nations people who do not have either of those. So when a First Nation has rights and title, consultation has to go beyond what91裸聊视频檚 out there. That hasn91裸聊视频檛 been set yet.91裸聊视频

The potential for the province is if the courts rule in the case that they actually need Tsilhqot91裸聊视频檌n consent to move forward, that would put the Tsilhqot91裸聊视频檌n in position to apply that need for consultation throughout every last decision that has to be made in the region, Alphonse added.

91裸聊视频淭hat91裸聊视频檚 a big gamble the province is playing if it approves Taseko91裸聊视频檚 project.91裸聊视频

Taseko91裸聊视频檚 drilling permit approves 76 kilometres of new or modified road and trail, 122 drill holes, 367 excavated test pits and 20 kilometres of seismic lines throughout Teztan Biny (Fish Lake) and surrounding area.

Earlier in July, Battison told the Tribune the company was doing the drilling to gather geotechnical data by drilling some holes and taking soil samples and essentially assess the drainage characteristics of the area.

91裸聊视频淭here was some doubt in the environmental assessment about our ability to manage the water appropriately. This information that we need for the Mines Act permitting process will answer those questions and rest those doubts.91裸聊视频

Battison said the ongoing delay is the new reality of trying to invest in B.C. and create opportunities.

91裸聊视频淎t times it91裸聊视频檚 a long arduous process by which you seek to approval to create jobs and opportunities for yourselves and others.91裸聊视频

Xeni Gwet91裸聊视频檌n Chief Jimmy Lulua said the connection of the Tsilhqot91裸聊视频檌n people to the area near the proposed mine dates back thousands of years.

91裸聊视频淧eople spent their time gathering around these sacred waters with their families 91裸聊视频 with some also laid to rest here,91裸聊视频 Lulua said. 91裸聊视频淕ranting this injunction was the only right thing to do. We will continue to work to ensure our people are able to use this area for generations to come as they always have.91裸聊视频

Lulua said it is only a temporary relief until the appeal is heard at the end of November.

91裸聊视频淭here are solutions available to the B.C. government, and we still call on Premier Horgan to step in and put an end to this drilling permit and the ongoing threat from this rejected mining project.91裸聊视频

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Monica Lamb-Yorski

About the Author: Monica Lamb-Yorski

A B.C. gal, I was born in Alert Bay, raised in Nelson, graduated from the University of Winnipeg, and wrote my first-ever article for the Prince Rupert Daily News.
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