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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.'
