Latest news with #DeclarationontheRightsofIndigenousPeoplesAct
National Observer
08-08-2025
- Politics
- National Observer
Court clears way for raise of Mount Polley tailings dam despite Indigenous opposition
The BC Supreme Court has rejected a First Nation's legal challenge against the government's approval for Imperial Metals to raise the Mount Polley Mine tailings dam by four metres, a ruling delivered during the anniversary week of the catastrophic 2014 breach. The 2014 disaster — BC's largest environmental disaster from mining — released over 24 million cubic metres of toxic mine waste into Xatśūll territory in the Cariboo region near Williams Lake. The community continues to face lasting impacts on their rights, culture, environment and way of life more than a decade later. Justice Michael Tammen ruled that consultation with the Xatśūll Nation was legally sufficient and described the proposed four-metre raise as 'comparatively modest,' unlikely to increase the mine's overall footprint or environmental impact. He said the court's focus was on the current project, not the earlier disaster, and described the risk of another dam failure as 'remote.' 'This is the same unstable soil condition that caused the catastrophic failure more than a decade ago,' said Nikki Spruce, director of the Northern Confluence and co-chair of the BC Mining Law Reform Network, a coalition advocating for stronger mining laws and environmental protections. 'Raising the dam height again on this foundation without a thorough, modern environmental assessment is deeply troubling.' The Xatśūll First Nation said it was deeply disappointed and will review the decision and consider next steps. Indigenous leaders condemned the decision. Stewart Phillip, grand chief of the Union of BC Indian Chiefs, said the ruling 'is a profound blow to Indigenous rights and environmental justice.' 'This is the same unstable soil condition that caused the catastrophic failure more than a decade ago,' said Nikki Spruce, director of the Northern Confluence and co-chair of the BC Mining Law Reform Network. The decision 'sadly advances a 'business as usual' approach to consultation, an approach that BC First Nations have long asserted that it is fundamentally broken and does not uphold our inherent and constitutionally protected title and rights,' he said. UBCIC called on the province to explain what meaningful consultation and consent look like for Indigenous peoples under the Declaration on the Rights of Indigenous Peoples Act, especially after the recent passage of Bills 14 and 15. 'Bills 14 and 15 send exactly the wrong message to those living downstream of risky mines: it's about making it easier for big projects to get permits, not about making Indigenous consent real or prioritizing environmental protection,' Spruce said. Bills 14 and 15, passed earlier this year, give the provincial cabinet broad authority to fast-track renewable energy and infrastructure projects by streamlining regulatory approvals, exempting certain projects from environmental assessment. Spruce said that the Mount Polley dam expansion 'represents all the worst parts of BC's current mining rules,' from loopholes that let companies avoid new environmental assessments to a system that overlooks the combined effects of small project expansions and shuts out the affected communities from decisions about their lands.
National Observer
25-06-2025
- Business
- National Observer
First Nation battles to stop history repeating at Mount Polley mine
More than a decade after the catastrophic collapse of the Mount Polley tailings dam, a BC First Nation is back in court this week challenging the province's decision to approve expansion of a dam at the same mine. The 2014 collapse of the tailings dam at the Mount Polley copper and gold mine operated by Imperial Metals — sent a massive volume of mine waste into local lakes and rivers, causing widespread environmental damage from which the ecosystem is still recovering. Despite this history, the province recently approved an expansion of the dam at the site northeast of Williams Lake — allowing the tailings dam to be raised by four metres — from its current height of 60 metres. The dam holds tailings — the leftover materials and water from processing ore. The company says the expansion is needed to continue storing this waste as mining continues. Xatśūll First Nation is asking the court for an injunction to prevent the company from depositing any new mining waste into the expanded section of the facility until a full judicial review is complete. 'The mine basically patched up its tailings and got a permit to start operating again. Now, they're proposing to keep raising the dam height — literally on the same dam that busted out,' said Nikki Skuce, director of the Northern Confluence and co-chair of the BC Mining Law Reform Network, a coalition of organizations and experts advocating for stronger mining laws and environmental protections in BC. 'It's totally understandable that local First Nations and communities want more oversight.' The First Nation argues the province approved the expansion based on narrow engineering rules under the Mines Act, without doing a full environmental assessment or properly consulting the affected Nation, as required by BC's Declaration on the Rights of Indigenous Peoples Act. 'We are standing up to demand accountability, transparency and a proper assessment process that respects Indigenous knowledge and law,' said Rhonda Phillips, chief of Xatśūll First Nation in the press release. The company has also signalled an intent to raise the dam by a further 13 metres in the near future and expand pits at the mine. 'The mine basically patched up its tailings and got a permit to start operating again. Now, they're proposing to keep raising the dam height — literally on the same dam that busted out,' said Nikki Skuce, director of the Northern Confluence. The hearings are scheduled to continue until Friday, and soon after, the court is expected to decide whether to extend the current hold it set in May on Mount Polley's use of the higher tailings dam beyond July 1, 2025. This will make sure no lasting environmental damage happens while the court takes its time to decide — a process that could stretch out for weeks or even months. If the court doesn't extend the hold, Mount Polley could start using the expanded dam before a final decision is made. Legacy of disaster and distrust In 2014, the Mount Polley dam failed, spilling 25 million cubic metres of contaminated water and mine waste into Polley Lake, Hazeltine Creek and Quesnel Lake — waters that are central to salmon runs and local livelihoods. A 2015 report commissioned by the province found the original failure was due to poor design and not accounting for weak glacial silt beneath the tailings facility. For years before the breach, the province had allowed Imperial Metals to raise the dam by over 40 metres — about the height of a 12-storey building — without fully reassessing the risks. The breach dumped tonnes of heavy metals, including lead, cadmium and arsenic into the watershed, with impacts that Xatśūll communities say continue to affect their territory and way of life. 'Mount Polley was responsible for the largest environmental mining disaster in BC history,' Skuce said. 'And yet, up until last year, there were no charges laid against the company. Instead, there have just been permits to continue.' In December 2024, federal prosecutors approved 15 charges under the Fisheries Act against Imperial Metals, Mount Polley Mining Corporation, and engineering firm Wood Canada Ltd., with potential fines ranging from $500,000 to $6 million. This dispute also highlights growing tension in BC between mining projects and Indigenous land rights, especially as mines are increasing in size and are often being developed in more remote locations, including watersheds that support salmon populations, said Jamie Kneen of MiningWatch Canada. 'These processes were put in place and the regulations were put in place because we were having problems. It wasn't because somebody felt like imposing restrictions on industry,' he said. The Mount Polley case is also highlighted in a report by the BC Mining Law Reform Network. The report profiles 12 of BC's most polluting and risky mines, arguing that the province's push to fast-track mining approvals risks repeating past mistakes and undermines both environmental protection and Indigenous rights. Skuce warns that many recommendations from the Mount Polley disaster remain unimplemented and BC still allows the upstream tailings dam design used at Mount Polley — despite other countries like Brazil and Chile banning such structures after major failures. 'The province likes to claim it has the strongest environmental regulations, but that's a self-declared statement,' Skuce said. 'With examples like Mount Polley, Elk Valley selenium pollution, and others, we're a long way from being a responsible mining jurisdiction. We need to be strengthening our regulations and monitoring — not gutting them and bypassing them.' Phillips said the Nation is not against mining, but wants to ensure it is done responsibly and in a way that honours their role as stewards of the land. At the same time, the leaders are concerned the province's decision to bypass environmental assessment and consultation could undermine reconciliation and set a dangerous precedent for resource development across BC. 'This moment is about more than just one mine,' Phillips said. 'It's about the legal and moral obligation to uphold Indigenous rights across BC and beyond. We need to maintain balance in decision making to ensure short-term decisions do not have long-term negative consequences for generations to come.'
Hamilton Spectator
13-06-2025
- Politics
- Hamilton Spectator
‘Let the chips fall': New B.C. party's leader vows to go where others won't
VICTORIA - The interim leader of B.C.'s newest political party says it will raise issues other parties won't dare to touch. Dallas Brodie said these included the effects of the 'reconciliation industry,' electoral reform, and ending mass immigration, and she will 'let the chips fall where they may' when it's time to run for re-election. The new One BC party went public on Thursday, with Brodie announcing herself as interim leader and Tara Armstrong house leader as they unveiled plans to combat what Brodie called 'the globalist assault' on B.C.'s history, culture and families. 'Tara and I are taking a principled stance,' Brodie said in an interview on Friday. 'We believe that there is room for the discussions that we are raising, and we will take our shots at the polls, and we will do our best to build (the party).' Conservative Party of B.C. Leader John Rustad kicked Brodie out of caucus in March following comments about residential schools, and Armstrong and Jordan Kealy followed her out. All three sat as Independents before the creation of One BC, and Kealy said he hasn't ruled out joining the new party, although he has doubts about its chances. Brodie said the party has four planks: major cuts to taxes and government spending; dismantling 'the reconciliation industry and ending racist laws like … the Declaration on the Rights of Indigenous Peoples Act;' ending mass immigration, and introducing democratic reform that would see most B.C. residents vote on the same day with ballots counted by hand. The party's website also calls for the support of a 'broad array of life-affirming policies to increase birthrates, marriage rates, and life expectancy among other indicators of a healthy and vibrant society.' Brodie acknowledged that her former party had campaigned on many of those issues, when asked what her new party is offering that the Conservatives aren't. 'Also what we ran on was being strong on social issues, and that has been all watered down by the Conservative Party,' she said. '(There) is almost no difference between them and the NDP that I can see at this point — it's NDP and NDP Light.' Brodie said she believes there are other members of the legislature who will join her party, but she declined to identify them. Two sitting members in the house give One BC official party status, which Brodie said would make the party more 'interesting to other MLAs, who are still in the Conservative caucus.' Kealy said in an interview Friday that he questioned the new party's electoral prospects. 'I think they'll have a very difficult time getting re-elected, because I think that spectrum of (potential) voters is becoming disenfranchised, and in all honesty, I think talk is cheap.' Kealy said his role as an MLA is to fix existing problems in his riding of Peace River North, adding that his experience of seeing the Conservatives turn into a 'big tent party' has made him 'cautious' about joining another party. 'I have said that even before I joined the Conservative Party, that I am doing this for my region first and foremost, and I will not be whipped by a party.' Brodie said the door remains open for Kealy. Mark Marissen, a political strategist and former mayoral candidate in Vancouver, said on social media that the emergence of One BC is the birth of a 'new anti-First Nations political party.' When asked about Marissen's comments, Brodie said the effects of the Declaration on the Rights of Indigenous Peoples Act need to be discussed in open and her party is committed to repealing it. 'It's taking a lot of communities by surprise,' she said. Brodie, who represents Vancouver-Quilchena, said the legislature needs to be a place where 'there are no topics that are off limit.' She said few people want to discuss the law passed by the NDP government on the rights of Indigenous Peoples in an 'open' and 'transparent' manner. 'They (would) just rather call people names, and shut down the conversation, and that's not going to help B.C.,' she said. Armstrong is the MLA for Kelowna-Lake Country-Coldstream. Brodie has been criticized in the past for comments about First Nations. In February, she wrote on social media that the 'number of confirmed child burials at the former Kamloops Residential School site is zero.' Speaking at an election event in October 2024, Brodie said First Nations demanding autonomy must take responsibility for the problems of Vancouver's Downtown Eastside. '(When) a large percentage of your people are on the Downtown Eastside, it's important that you come take responsibility for that piece as well,' she said. 'It's not OK to leave your people dying.' Brodie said she doesn't deny what has happened at residential schools. The New Democratic Party said in a statement that the One BC members are 'fixated on spreading anti-Indigenous racism, attacking the LGBTQ+ community (and) stoking western separatism.' This report by The Canadian Press was first published June 13, 2025. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Canada Standard
10-06-2025
- Politics
- Canada Standard
A First Nations Power Authority Could Transform Electricity Generation for IndigenousNations
First Nations across British Columbia have developed renewable electricity projects for decades. Yet they've experienced significant barriers to implementing, owning and managing their own electricity supply. That's because there have been few procurement policies in place that require their involvement. While municipalities are allowed to own and operate electricity utilities in B.C., First Nations are not [ pdf ], writes at team of experts and advocates at The Conversation. The Declaration on the Rights of Indigenous Peoples Act (DRIPA) in B.C. requires that First Nations are provided with opportunities for economic development without discrimination. Many First Nations in B.C. view the development of renewable electricity projects on their lands-like hydro power, solar panels, wind turbines and transmission lines-as a way to achieve social, environmental and economic goals that are important to their community. These goals may include powering buildings in the community, creating economic development and local jobs, earning revenue, improving access to affordable and reliable electricity or using less diesel. Related: First Nations Power Authorities Could Show Path to Energy Justice The study shares the story of a coalition of First Nations and organizations that advocated for changes to electricity regulations and laws to give Indigenous communities more control to develop renewable electricity projects. Interviews with knowledge holders from 14 First Nations offer insight into motivations behind their calls for regulatory changes. The coalition includes the Clean Energy Association of B.C., New Relationship Trust, Pembina Institute, First Nations Power Authority, Nuu-Chah-Nulth Tribal Council, and the First Nations Clean Energy Working Group. View our latest digests Almost all electricity customers in B.C. are served by BC Hydro, the electric utility owned by the provincial government. The coalition argues that applying DRIPA to the electricity sector should allow First Nations to form a First Nations power authority. Such an organization would provide them with control over the development of electricity infrastructure that aligns with their values and would also help B.C. meet its greenhouse gas reduction targets. In the Re-Imagining Social Energy Transitions CoLaboratory (ReSET CoLab) at the University of Victoria, the team analyzed regulatory documents from the B.C. Utilities Commission, and advocacy documents and presentations for discussion developed by the coalition. Six proposed First Nations power authority (Indigenous Utility) models were identified: A capacity building point-of-contact model streamlines the development of renewable electricity projects to sell power to the provincial utility. For example, the First Nations Power Authority in Saskatchewan was formed for this purpose by SaskPower. This would be the most conformative model. It would provide vital networks and connections to First Nations while allowing BC Hydro and the British Columbia Utilities Commission to maintain full control over the electricity sector. In the second model, called a "put" contract, a B.C. First Nations Power Authority represents First Nations wishing to develop renewable electricity projects. Whenever the province needs to build new electricity generation projects to meet growing electricity demand, a portion of the new generation is developed by the First Nations authority. In the third model, First Nations build and operate electricity transmission and distribution lines to allow remote industrial facilities and communities to connect to the electricity grid. This is called "Industrial Interconnection." For example, the Wataynikaneyap Power Transmission line in Ontario is a 1,800-kilometre line that provides an electricity grid connection for 17 previously remote nations. Twenty-four First Nations own 51 per cent of the line, while private investors own 49 per cent. In the fourth model, the B.C. First Nation Power Authority acts as the designated body for various opportunities in the electricity sector, such as the development of electricity transmission, distribution, generation or customer services. This model is referred to as "local or regional 'ticket' opportunities." Fifth, the First Nation Power Authority develops renewable electricity projects and distributes electricity from these projects to customers as a retailer, or under an agreement through the BC Hydro electricity grid. For example, Nova Scotia Power's Green Choice program procures renewable electricity from independent power producers to supply to electricity customers. Sixth, new utility is formed in B.C., owned by First Nations, that owns and operates electricity generation, transmission and distribution services and offers standard customer services in a specific region of B.C. (called a "Regional Vertically-Integrated Power Authority"). Most of these models would require changes to regulations. The sixth and most transformative model would provide First Nations with full decision-making control over electricity generation, transmission and distribution. It would also give them the ability to sell to customers and require extensive changes in electricity regulation. First Nations knowledge-holders told us that a lack of reliable power, high electricity rates, lack of control over projects on their traditional lands and the need for resilience in the face of climate events were motivations for taking electricity planning into their own hands. They also expressed that varied factors motivate community interest in renewable energy: improving the quality of life for community members; financial independence; mitigating climate change; protecting the environment; reducing diesel use and providing stable and safe power for current and future generations. First Nations are already seeking to capitalize on the benefits of renewable energy by developing their own projects within the current regulatory system. Most of those we spoke to see a First Nations power authority in B.C. as a means to provide opportunities for economic development without discrimination - and to achieve self-determination, self-reliance and reconciliation by addressing the root causes of some of the colonial injustices they face by obtaining control over the electricity sector on their lands. This article , first published at The Conversation on June 4, was co-authored by David Benton, an adopted member and Clean Energy Project Lead of Gitga'at First Nation and Kayla Klym, a BSc student in Geography at the University of Victoria. Source: The Energy Mix
Global News
27-05-2025
- Politics
- Global News
Pressure mounts on B.C. NDP's fast-track bill ahead of critical vote
The chorus of voices against contentious British Columbia legislation to speed up infrastructure projects continues to swell, with the province's civil liberties association calling it a betrayal of the rights of Indigenous Peoples. The association's call to immediately withdraw Bill 15 comes after a government amendment to improve consultation with First Nations failed, putting the bill on track to pass unchanged on Wednesday. The B.C. Civil Liberties Association says the bill was drafted in violation of the government's own Declaration on the Rights of Indigenous Peoples Act, and without input from First Nations. It says in a letter to the government that it's also worried the bill could fast-track 'politically unpopular' infrastructure projects at the expense of democratic processes. The association calls the bill a 'triple threat,' to the rights of Indigenous Peoples, democratic processes and the environmental health of the province. Story continues below advertisement Tuesday's letter comes after an amendment to boost First Nations consultation was proposed by Infrastructure Minister Bowinn Ma, but failed in the committee stage after Green Rob Botterell voting against it, saying it didn't go far enough. 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 Bill 15 has been condemned by First Nations leaders, municipal officials, environmental groups and other critics who say it gives too much power to the government. 2:01 B.C. outlines plan to fast track mining in northwest region of province Ma's amendment tabled Monday would have required government to consult 'broadly' on eligibility for fast-tracking provincially significant projects. She says she wanted to 'bind government' to creating regulations around provincially significant projects, something she says it would have done anyway and will continue to do after the bill's expected passage on Wednesday evening. Ma says government 'thought it would be appreciated' to establish the requirement in legislation, rather than regulation as originally promised. Story continues below advertisement But the amendment failed because parliamentary rules require the committee chair to vote against an amendment in case of a tie, with six New Democrats voting for the amendment, and five Conservatives and Botterell voting against it. Ma said no more amendments would be proposed before the legislature votes on Wednesday. The bills are expected to pass by the slimmest of margins, with Speaker Raj Chouhan likely to casting the deciding ballot. An open letter to Premier David Eby from the First Nations Leadership Council on Tuesday reiterates calls to withdraw Bill 15, as well as Bill 14 that the government says would streamline permitting for renewable energy projects. 'We need you to understand that there are 204 First Nations in British Columbia and, while you may find support among a select few who we wish well, your refusal to withdraw the Bills will have serious impacts on the FNLC's and many First Nations' relationships with your government,' says the letter. 'These impacts could well be irreparable.' The letter says First Nations leaders were 'dismayed' by what it says was a 'summary response' from Eby that he would not withdraw the bills to allow for more consultation, at a May 15 meeting.
