
First Nation disappointed as B.C. court rejects challenge to Mount Polley dam level
The Xatsull First Nation claimed the province's approval of the plan to raise the level of the dam in B.C.'s Interior by four metres was improper and done without 'meaningful' consultation with the nation.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles

Global News
4 hours ago
- Global News
B.C. court rejects challenge of Mount Polley dam, says consultation was 'deep'
The B.C. Supreme Court has dismissed a First Nation's bid to stop a tailings dam from being raised at the Mount Polley mine site, which suffered a catastrophic dam collapse that spilled millions of litres of waste and water 11 years ago. The Xatsull First Nation claimed the province's approval of the plan to raise the level of the dam in B.C.'s Interior by four metres was improper and done without 'meaningful' consultation with the nation. 4:31 Will charges ever be laid in the Mt. Polley mine disaster? But Justice Michael Tammen ruled Wednesday that the provincial government's consultation with the Xatsull was proper. Story continues below advertisement 'I view the consultation here as deep and, importantly, the process employed by the province provided Xatsull with ample opportunity to present their perspective,' Tammen said. The First Nation said in a statement it was disappointed in the ruling. 'This is the same facility that breached and devastated Xatsull's territory in 2014 — the worst mining disaster on record. Its impacts are still harming our nation's rights, culture and way of life today,' it said. 'We will be reviewing the decision as well as exploring our options to determine next steps.' Imperial Metals president Bryan Kynoch told reporters in a conference call Wednesday that the court's finding was an 'important decision for the mine.' 'Being able to move ahead with the raise helps us keep operations stable and avoid unnecessary interruptions and disruptions,' he said. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Raising the dam would allow the mine to continue depositing tailings, but Kynock said they're still awaiting another permit amendment that would extend the life of the mine significantly. 'If that doesn't come soon, we may be put in jeopardy of significantly revising operational plans or even ceasing operation if the amendment process is not expedited,' he said. 'While today's decision gives us some clarity, we're clearly not out of the woods yet.' Story continues below advertisement He said the company has the support of the Williams Lake First Nation, and it's 'worked hard' to negotiate and co-operate with the Xatsull First Nation in the past. Tammen found the province fulfilled its duty to consult, and said that had he found otherwise, he would not have hesitated to grant the Xatsull's wishes to have the decision approving the plan reconsidered. 2:11 Mt. Polley mine reopens after tailings pond spill Tammen said Mount Polley Mining Corp.'s plan to raise the tailings storage level was 'comparatively modest,' and the rationale for provincial approval 'readily apparent.' The court had been expected to rule on an application for an injunction Wednesday with a decision on the nation's judicial review to follow, but Tammen dismissed the Xatsull's legal challenge outright and found no basis to grant an injunction to stop the plan from moving ahead. Story continues below advertisement Tammen said raising the dam as proposed 'does not increase the scope of operations at the mine, nor does it increase the ecological footprint of ongoing mining operations.' The judge said the tailings dam failed 'catastrophically' in 2014, which 'has in turn caused widespread and long-lasting environmental damage and corresponding impacts to Xatsull's Aboriginal title, rights, culture, and way of life.' 'Xatsull is obviously and understandably extremely concerned with the potential for a further failure and thus has a corresponding interest in ensuring that the mine is being operated in an environmentally responsible and safe manner,' he said. The judge said he didn't want to dismiss, diminish or minimize the 'deleterious' effects of the tailings dam failure, which is still the subject of civil litigation and Fisheries Act charges against the company. 2:09 Aerials of destruction caused by Mount Polley Mine tailings pond breach Lawyers for Mount Polley and the provincial government claimed the risk of a future tailings dam failure was 'speculative,' while the judge characterized 'it as remote and incapable of even approximate quantification.' Story continues below advertisement The judge ruled that the province's duty to consult relates to only 'current government conduct' rather than any past wrongs or failings, and must focus on 'adverse impacts' from a specific proposal and not 'larger adverse impacts of the project of which it is a part.' Tammen said it was reasonable for B.C.'s environmental assessment office to consider impacts on the First Nation's constitutional rights as a 'starting point' during the consultations that happened during the permitting process. 'That process was aimed at the overarching safety and design issues that were at the heart of Xatsull's concerns,' the judge said. 'If Xatsull asserted other impacts … beyond the risk of further failure of the (tailings storage facility), they had ample opportunity to make those known to the (environmental assessment office), but did not do so.' Chief Rhonda Phillips said earlier this year that the province was allowing the work to proceed without a valid environmental assessment certificate at the site of the spill that sent millions of tonnes of water and tailings into the environment on the nation's territory in B.C.'s Cariboo region. Phillips had said 'meaningful' reform is needed in the aftermath of the 2014 spill because the provincial government is still approving 'risky storage methods' while failing to adequately consult the nation.
Montreal Gazette
4 hours ago
- Montreal Gazette
Letters: Where do Quebec politicians go for health care?
It is frightening to be a patient requiring health care in Quebec. The public sector is so strained that fatigued, overworked physicians can't help but eye the private sector. So we pay financially to go private, or we pay mentally, emotionally and physically when we go public. Either way, we pay. I wonder: Where do politicians receive their health care? Do they feel entitled to skip the wait-line if they use the public system? Do they use the public system at all? Is it unfair to conclude that politicians have no idea how it feels to wait and worry about getting care — as the rest of us do? Health care management should be in the hands of medical people, not politicians. Mary Armstrong, Montreal Longtime reader saw it coming Re: ' A bitter pill to swallow as family doctor shortage deepens ' (Allison Hanes, Aug. 6) Allison Hanes's column is accompanied by a photo of François Legault when he was health minister with the Parti Québécois government two decades ago. During those two decades, my wife has been warning in letters to The Gazette about the deteriorating situation in our health care system. Today I need to say for her: 'She told you so!' Arnold Yesovitch, Côte-St-Luc Bill 21: Judges are the best arbitrators Re: ' Supreme Court may be lifeline Legault needs ' (Opinion, Aug. 5) Raphaël Melançon refers to former minister Benoit Pelletier's view that the use of the notwithstanding clause to shield Bill 21 against Charter of Rights challenges is justified because it ensures 'collective interests are fairly taken into account.' It seems to me rather that the use of this clause enables the provincial government to be a judge in its own case as to whether its legislation is fair to the minorities whose rights it violates. By contrast, the CAQ government could have instead attempted to persuade the courts that Bill 21 was 'reasonable and demonstrably justified,' as allowed by the Charter — a better guarantee of the bill's fairness — but chose not to take this path. The fact that the judges are unelected, as referred to disparagingly by Melançon, is precisely the guarantee that they can judge Bill 21 according to its merits rather than public pressure. Robert Hajaly, Montreal The timely gift of Louise Penny What a wonderful coincidence when I opened The Gazette! On an annual visit to Montreal from their residence in Florida, our eldest son and his wife have added Knowlton to their 'getaway weekend.' As a fervent reader of Louise Penny's writing over the years, I included her novel The Grey Wolf in their treats-to-go package. With the creation of her café, so appreciated by the Knowlton community, I'm certain that the author's followers of her hero Insp. Armand Gamache will agree that 'goodness exists' via the gift of books. Vivianne M. Silver, Côte-St-Luc Submitting a letter to the editor Letters should be sent by email to letters@ We prioritize letters that respond to, or are inspired by, articles published by The Gazette. If you are responding to a specific article, let us know which one. Letters should be sent uniquely to us. The shorter they are — ideally, fewer than 200 words — the greater the chance of publication. Timing, clarity, factual accuracy and tone are all important, as is whether the writer has something new to add to the conversation. We reserve the right to edit and condense all letters. Care is taken to preserve the core of the writer's argument. Our policy is not to publish anonymous letters, those with pseudonyms or 'open letters' addressed to third parties. Letters are published with the author's full name and city or neighbourhood/borough of residence. Include a phone number and address to help verify identity; these will not be published. We will not indicate to you whether your letter will be published. If it has not been published within 10 days or so, it is not likely to be.


CTV News
5 hours ago
- CTV News
First Nation disappointed as B.C. court rejects challenge to Mount Polley dam level
The Mount Polley mine is seen near the town of Likely, B.C., on Tuesday, Aug. 5, 2014. (Jonathan Hayward / The Canadian Press) VANCOUVER — The B.C. Supreme Court has dismissed a First Nation's bid to stop the level of a tailings dam being increased at the Mount Polley mine site, which suffered a catastrophic dam collapse that spilled millions of litres of waste and water 11 years ago. The Xatsull First Nation claimed the province's approval of the plan to raise the level of the dam in B.C.'s Interior by four metres was improper and done without 'meaningful' consultation with the nation. But Justice Michael Tammen ruled Wednesday that the provincial government's consultation with the Xatsull was proper. 'I view the consultation here as deep and, importantly, the process employed by the province provided Xatsull with ample opportunity to present their perspective,' Tammen said. The First Nation said in a statement it was disappointed in the ruling. 'This is the same facility that breached and devastated Xatsull's territory in 2014 — the worst mining disaster on record. Its impacts are still harming our Nation's rights, culture and way of life today,' it said. 'We will be reviewing the decision as well as exploring our options to determine next steps.' Tammen found the province fulfilled its duty to consult, and said that had he found otherwise, he would not have hesitated to grant the Xatsull's wishes to have the decision approving the plan reconsidered. Tammen said Mount Polley Mining Corp.'s plan to raise the tailings storage level was 'comparatively modest,' and the rationale for provincial approval 'readily apparent.' The court had been expected to rule on an application for an injunction Tuesday with a decision on the nation's judicial review to follow, but Tammen dismissed the Xatsull's legal challenge outright and found no basis to grant an injunction to stop the plan moving ahead. Tammen said raising the dam as proposed 'does not increase the scope of operations at the mine, nor does it increase the ecological footprint of ongoing mining operations.' The judge said the tailings dam failed 'catastrophically' in 2014, which 'has in turn caused widespread and long-lasting environmental damage and corresponding impacts to Xatsull's Aboriginal title, rights, culture, and way of life.' 'Xatsull is obviously and understandably extremely concerned with the potential for a further failure and thus has a corresponding interest in ensuring that the mine is being operated in an environmentally responsible and safe manner,' he said. The judge said he didn't want to dismiss, diminish or minimize the 'deleterious' effects of the tailings dam failure, which is still the subject of civil litigation and Fisheries Act charges against the company. Lawyers for Mount Polley and provincial government claimed the risk of a future tailings dam failure was 'speculative,' while the judge characterized 'it as remote and incapable of even approximate quantification.' The judge ruled that the province's duty to consult relates to only 'current government conduct' rather than any past wrongs or failings, and must focus on 'adverse impacts' from a specific proposal and not 'larger adverse impacts of the project of which it is a part.' Tammen said it was reasonable for B.C.'s environmental assessment office to consider impacts on the First Nation's constitutional rights as a 'starting point' during the consultations that happened during the permitting process. 'That process was aimed at the overarching safety and design issues that were at the heart of Xatsull's concerns,' the judge said. 'If Xatsull asserted other impacts … beyond the risk of further failure of the (tailings storage facility), they had ample opportunity to make those known to the (environmental assessment office), but did not do so.' Chief Rhonda Phillips said earlier this year that the province was allowing the work to proceed without a valid environmental assessment certificate at the site of the spill that sent millions of tonnes of water and tailings into the environment on the nation's territory in B.C.'s Cariboo region. The Xatsull said in June that the mine's operator agreed not to deposit tailings at the facility that would require the dam to be raised until the court issued its decision on the injunction. Phillips had said 'meaningful' reform is needed in the aftermath of the 2014 spill because the provincial government is still approving 'risky storage methods' while failing to adequately consult the nation. This report by Darryl Greer of The Canadian Press was first published Aug. 6, 2025.