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First Nation goes to court, accusing B.C. of not consulting over major gold mine

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A view from above the B.C. legislature at Victoria, Wednesday, May 8, 2024. THE CANADIAN PRESS/Chad Hipolito

A First Nation says it wasn't meaningfully consulted before the British Columbia government "effectively greenlit" what has been called the world's largest undeveloped gold mining project.

The Tsetsaut Skii km Lax Ha Nation has applied to the B.C. Supreme Court for a judicial review of the province's decision to issue a "substantial start determination" for Seabridge Gold's KSM Mine Project in Northwestern B.C., part of the final stage of the environmental assessment process.

The nation's lawyer, Ryan Beaton, says in a statement that KSM's tailings waste will be located in Tsetsaut Skii km Lax Ha territory yet the province has "effectively greenlit the mine to move forward" without addressing the nation's concerns.

Beaton says the province has failed its legal obligations to meaningfully engage with the nation about its concerns, instead only accommodating the larger Tahltan and Nisga'a nations.

Seabridge says in a statement that it does not have access to the record of consultation between the province and the nation and can't comment on the merits of Tsetsaut Skii km Lax Ha's claim.

The company says it has spent $444 million on work related to its environmental assessment certificate, and submitted letters from representatives of the three largest Indigenous Peoples in the area supporting the substantial start determination.

This report by The Canadian Press was first published Nov. 25, 2024

Ashley Joannou, The Canadian Press


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