Interior First Nation moves to pause Mount Polley tailings dam expansion
Xatśūll First Nation is filing an injunction to prevent Mount Polley Mining Corporation from going ahead with construction to expand the tailings dam until a judicial review of the permit which allows for this construction is complete.
'Xatśūll provided Mount Polley the opportunity to voluntarily hold off on construction until the Court could decide the injunction request,' wrote the First Nation in an April 25 press release.
When the nation first filed its judicial review on April 15, it warned an injunction would be filed.
'On April 23, 2025, Brian Kynoch, the President of Imperial Metals, the parent company of the Mount Polley Mining Corporation, responded and informed Xatśūll that Mount Polley would not be agreeing to hold off on construction and that construction had already begun,' the nation wrote. Black Press Media has reached out to Mount Polley to confirm this but has not had a response in time for publication.
Xatśūll filed its judicial review to ask the Supreme Court to overturn the permits allowing for the raise of the tailings dam because the permit was given without first conducting an environmental assessment process.
Mount Polley was the site of a 2014 tailings breach which led to 25 million cubic metres of water, tailings and debris to flood into Quesnel Lake, devastating Xatśūll's territory can continuing to impact their rights, culture and way of life to this day.
Fifteen charges were approved in December 2024, 10 years following the dam failure, including offences under the Fisheries Act with fines ranging from $500,000 and $6,000,000.
Black Press Media has contacted the Environmental Assessment Office, but they cannot comment on matters which are before the courts.
With files from Monica Lamb-Yorski and Austin Kelly.
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Related Products Backgrounder: 2025 Measures Map: Government of Canada management measures to protect Southern Resident killer whales Marine Mammal Regulations Amendments Associated Links Suite of SRKW management measures Government of Canada's approach to addressing the imminent threats to Killer Whale, Northeast Pacific southern resident population – Protecting our Coasts - Oceans Protection Plan $167.4 million Whales Initiative: Protecting the Southern Resident killer whale Pollutants Affecting Whales and their Prey Inventory Tool Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 Reducing the threat of contaminants to Southern Resident killer whales List of Marine Administrative Monetary Penalties Backgrounder The Government of Canada outlines 2025 measures to protect Southern Resident killer whales The Government of Canada recognizes that Southern Resident killer whales continue to face imminent threats to their survival and recovery, and that protecting these iconic marine mammals requires comprehensive and immediate action. 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The consultations are intended to seek feedback on the scope of these measures and identify and mitigate, to the extent possible, potential impacts. Speed restricted zones The 2025 measures continue the mandatory speed restricted zones near Swiftsure Bank, co-developed with the Pacheedaht First Nation. From June 1 until November 30, 2025, all vessels must slow down to a maximum of 10 knots over ground in two speed restricted zones near Swiftsure Bank. The first area is in the Protected Fisheries Management Area 121-1 and the second speed restricted zone is located near the mouth of the Nitinat River from Carmanah Point to Longitude 125 degrees west. Exemptions are in place for the following: vessels in distress or providing assistance to a vessel or person in distress vessels avoiding immediate or unforeseen danger government or law enforcement on official business permitted research if the research requires higher speed; and a sailing vessel proceeding under sail and not being propelled by machinery While the mandatory speed restricted zones and the voluntary slowdowns coordinated by the Vancouver Fraser Port Authority's Enhancing Cetacean and Habitat Observation (ECHO) Program both cover known foraging areas at or near Swiftsure Bank, they are separate measures from each other and take place in different locations. The ECHO Program slowdown at Swiftsure Bank is a voluntary ship slowdown which takes effect across 23 nautical miles in both the outbound and inbound lanes at Swiftsure Bank. Vessel restricted zones (Formerly Interim sanctuary zones) Formerly known as Interim Sanctuary Zones, Vessel Restricted Zones create spaces of refuge for the whales. The location of these zones is based on scientific and Indigenous knowledge of historically important foraging areas for Southern Resident killer whales. From June 1 until November 30, 2025, no vessel traffic or fishing activity is allowed in vessel restricted zones off the southwest coast of South Pender Island and the southeast end of Saturna Island. Exceptions will be allowed for emergency situations and vessels engaged in Indigenous food, social, and ceremonial fisheries. To ensure the safety of those operating human-powered vessels, a 20-metre corridor next to shore will allow kayakers and other paddlers to transit through these zones. If a killer whale is in the sanctuary at the time, paddlers must remain 400 metres away from the whales. Voluntary speed reduction zone In 2025, Transport Canada is continuing with a voluntary speed reduction zone in Tumbo Channel, in effect once again from June 1 to November 30, 2025. When travelling through this area, it is recommended that vessels reduce their speed to 10 knots, when safe to do so. 2. Prey availability Chinook, chum and coho salmon are an essential part of the Southern Resident killer whale diet. Last year's process developed and consulted on salmon fisheries management measures for both 2024 and 2025, which were announced on June 3, 2024. To address the limited availability of prey, Fisheries and Oceans Canada is continuing a combination of fishing restrictions in key foraging areas within their critical habitat, along with voluntary measures coastwide. These measures will reduce disturbance and competition for salmon between fish harvesters and killer whales. Opportunities will be available for non-salmon related recreational and commercial fisheries, for Indigenous food, social and ceremonial harvest as well as Treaty-defined fishing access. For 2025, the following measures will help protect the whales' access to salmon and minimize disturbance in key foraging areas: Area-based closures in Southern Resident killer whale key foraging areas for recreational and commercial salmon fisheries: around the Strait of Juan de Fuca (portions of Subareas 20-4 and 20-5) in effect from August 1 until October 31 Swiftsure Bank (portions of Subareas 20-1, 21-0, 121-1 and 121-2) in effect from July 15 until October 31 around the mouth of the Fraser River (a portion of Subarea 29-3) from August 1 to September 30 The Southern Gulf Islands area-based closures (Subarea 18-9 and portions of 18-2, 18-4 and 18-5) will be in effect as early as May 1, based on confirmed presence of Southern Resident killer whales. These closures will be in place until November 30, 2025. All fishers are encouraged to temporarily cease fishing activities (e.g., do not haul in gear where appropriate) when killer whales are within 1,000 metres. This voluntary measure is in place year-round throughout Canadian Pacific waters. To address the ongoing imminent threats to Southern Resident killer whale survival and recovery, proposed adjustments to the Southern Resident killer whale commercial and recreational salmon fishing closures are being considered and consulted on for 2025 and or 2026 under the Fisheries Act to address the threat of reduced prey availability. The exact scope and implementation of any regulatory measures will be informed by consultations with directly affected First Nations, Wildlife Management Boards, industry stakeholders, and other affected parties. The consultations are intended to seek feedback on the scope of these measures and identify and mitigate, to the extent possible, potential impacts. Enhancing Cetacean Habitat and Observation Program (ECHO) For the ninth year in a row, the Vancouver Fraser Port Authority-led Enhancing Cetacean and Habitat Observation (ECHO) Program will coordinate large-scale threat reduction measures to support the recovery of endangered southern resident killer whales. These measures will include a ship slowdown in Haro Strait, Boundary Pass and Swiftsure Bank, and a route alteration in the Strait of Juan de Fuca. Full details of the ECHO Program's voluntary measures, including dates, target slowdown speeds and location coordinates, are available on the ECHO Program's website ( 3. Contaminants Considering the persistence of many contaminants in the environment, the Government of Canada and its partners continue to progress on long-term actions to support Southern Resident killer whale recovery in the following areas: develop and implement additional controls, such as regulations or guidelines, to reduce the threat of contaminants. For example, publishing the proposed Prohibition of Certain Toxic Substances Regulations, 2022 and publishing the Framework to derive Environmental Quality Guidelines protective of apex marine mammals from persistent organic pollutants; conduct research and monitoring to further our understanding of contaminants in the environment and their impacts; share data, information, and knowledge among partners to inform decision-making; and undertake outreach, education and engagement to inform the public and involve them in solutions. The Government of Canada has also developed and updated the online Pollutants Affecting Whales and their Prey Inventory Tool, which maps estimates of pollutant releases within the habitats of Southern Resident killer whales and their primary prey, Chinook salmon. This tool will help model the impacts of additional mitigation measures and controls. To better understand the threat of contaminants and to provide input into government action, the Government of Canada leads a technical working group focused on contaminants in the environment. This group is comprised of key partners from all orders of government, academia and non-governmental organizations and: has identified priority contaminants of concern; has provided recommendations for the long-term actions to support Southern Resident killer whale recovery; and conducts important monitoring and research, to identify contaminant exposures to Southern Resident killer whales, their habitat and their prey. In addition, the group continues to recommend and develop environmental quality guidelines for the protection of Southern Resident killer whales and their prey and compares them with monitoring data to identify areas of potential risk for further action. Compliance with management measures depends on public awareness. The Government of Canada continues to collaborate with educational organizations, environmental groups, Indigenous partners, and government bodies to raise awareness of the Southern Resident killer whale protection measures through public education and outreach efforts. For further information, please see Whales and contaminants - and how Canada is reducing the threat of contaminants to Southern Resident Killer Whales - Visit Transport Canada's to e-news or follow us on X, Facebook, YouTube, Instagram and LinkedIn to keep up to date on the latest from Transport Canada. Alternative formats Contact us for an alternative format of this news release. 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