BC Supreme Court strikes down substantial start determination for KSM mine
Province failed to adequately consult First Nation before finding the project substantially started
TERRACE, B.C. — On June 8, the British Columbia (B.C.) Supreme Court released its decision on SkeenaWild Conservation Trust’s petition for judicial review of the Chief Environmental Assessment Officer’s (EAO) decision to find the KSM mine substantially started.
The court did not decide whether the substantial start decision was reasonable. Instead, it found that the Province failed to adequately consult Tsetsaut Skii km Lax Ha Nation (TSKLH), which had brought a separate challenge to the decision. The court ordered that the substantial start decision be reconsidered following consultation of TSKLH. Because the Province failed to adequately consult, the court determined that it “[did] not need to deal” with the question of whether the decision was reasonable.
The KSM mine is one of the largest proposed gold mines in the world. The project includes four open pits, two underground mines, and an 8-kilometre by 2- kilometre tailings lake held back by dams that are 700-foot-high. The tailings facility would store 2.3 billion tonnes of mine waste and would need to be maintained for centuries.
“Although we are disappointed that the court did not decide whether the substantial start determination was reasonable, we applaud the court’s rejection of KSM’s argument that our clients do not have standing to bring the issue to court,” said Rachel Gutman, staff lawyer at Ecojustice and counsel for SkeenaWild. “The court’s conclusion that our clients have a genuine interest in the proceeding will support access to justice for public interest organizations seeking to hold government accountable for decisions that create risks for the environment and local communities.”
ABOUT:
Formed in 2007, SkeenaWild Conservation Trust works throughout northwestern BC to defend and conserve salmon, their habitat, and the communities who depend on them. Guided by science and research, and fostering collaboration and mutual understanding, they aim to be the bridge that connects diverse perspectives, ensuring salmon remain a thriving and vital part of our shared future.
Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax
