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A temporary (and spectacular) win for the Tsilhqot'in; an important message to industry and government

Tsilhqot’in Win Injunction Against Taseko Mines

In a spectacular victory, Xeni Gwet’in Chief Marilyn Baptiste was granted an injunction on December 2nd to stop exploration at the proposed “New Prosperity” mine. At the same time, Justice Christopher Grauer also rejected Taseko Mines Ltd.’s (TML) application for an injunction preventing the Tsilhqot’in from blockading the road.

The injunctions were filed after TML attempted to enter Tsilhqot’in territory to conduct “exploratory work” based on its receipt of work permits from BC’s Ministry of Energy and Mines. Chief Baptiste and other TNG members met the trucks and asked them to turn around. In court, Jay Nelson, the lawyer representing Chief Baptiste, argued that BC failed to properly consult the Tsilhqot’in, a pattern that has played out since the province’s initial approval of the Prosperity mine.

Justice Grauer agreed that the record raised serious issues about the Crown’s breach of consultation duties. The court also found the balance of convenience favoured Chief Baptiste, dismissing TML’s claim that delaying the work caused irreparable harm to the firm. Justice Grauer instead ruled that without the injunction, the Tsilhqot’in would lose their right to be meaningfully consulted forever, and that “preservation of the area is vital” while the “gold and copper is not going anywhere.”

In the final analysis, the judge concluded that the harm to the Tsilhqot'in if the work went ahead would be far more significant than any harm to TML if the work were delayed.  The injunction is for 90 days, during which time the courts will hear a judicial review of the company’s work permits.  It also gives the government time to properly negotiate with the Tsilhqot'in people.

From RAVEN's perspective, this is an expensive educational exercise.  On this land that the Tsilhqot'in have defended for as long as anyone can remember, they once again show the strength of their convictions in protecting the land from inappropriate activities like open pit mining and logging. It is more than a surface conviction, but like the ore bed, it is buried deep in their understanding of what it means to be a 'caretaker' of the land. 

And although Taseko was quick to put a brave front on the ruling, dismissing it as a "slight delay," the company must now face again the fact that they are up against warriors.

It still rankles the Tsilhqot'in that they must fend off these aggressive industrial advances, when the land title is before the appeal court.  How can it be, ask many who support the Tsilhqot'in or this issue, that there is another confrontation when the land issue remains unresolved?  A decision from the B.C. Supreme Court of Appeal is imminent.  But if they find in favour of the Tsilhqot'in on the issue of title, will this conflict disappear?   Unlikely.  Gold fever has taken hold.

Posted by Susan Smitten Monday Dec 05, 2011 15:06
Categories: Fish Lake, Taseko | Tags: Aboriginal, British Columbia, Chief Marilyn Baptiste, court, environment, First Nations, fish, gold, indigenous, lakes, law, mining, Prosperity, Taseko, Tsilhqot'in, water, Xeni Gwet'in

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