One of the significant factors complicating the New Prosperity Mine Project was solved by the historic decision on June 26 by Canada's top court granting Aboriginal title to more than 1,700 square kilometres of land in the Chilcotin to the Tsilhqot'in First Nation, says Brian Battison, Taseko Mines Ltd. vice-president of corporate affairs.
New Prosperity, a $1.5-billion gold and copper mine project proposed some 125 kilometres southwest of Williams Lake, was rejected for the second time by the federal government in February 2014 because it was likely to cause significant environmental damage, specifically irreparable damage to the water supply of Fish Lake.
The mining company has two pending judicial reviews alleging the government relied on false information in coming to its decision.
However, the ruling by the Supreme Court of Canada, written by Chief Justice Beverley McLachlin, answered a major question about the proposed site being on title land.
“That area never did include the site of the New Prosperity deposit,” says Battison of the huge tract of land granted to the Tsilhqot'in First Nation in the Cariboo-Chilcotin.
“This is the only proposed mine in B.C. that people know for sure is not in Aboriginal title. That clarity is important for people like us – people trying to make a determination on investment in a jurisdiction.”
Taseko might see the ruling as a way of moving forward with the controversial project, but Chief Joe Alphonse, Tsilhqot’in National Government Tribal chair, doesn't.
“They're already dead. They never had a chance. What [the ruling] does is if Prosperity ever wanted to take one more kick at the can and go with option 3, that their chances are even slimmer.”
While there is public support for the open pit mine project, it faces serious opposition from members of the Tsilhqot'in First Nation, a collection of six bands that include about 3,000 people.
Roger William, Chief of the Xeni Gwet'in Band, one of six that make up the Tsilhqot'in First Nation, was the plaintiff in the Supreme Court case on behalf of the Tsilhqot'in Nation.
The landmark ruling, the first of its kind in Canada, means all of the project's stakeholders are in uncharted waters.
However, Battison says the opportunity exists now for a new way forward.
“We would welcome and look forward to the opportunity to have positive dialogue with the Tsilhqot'in First Nation.”