"First Nation contests KSM permit decision", 25 November 2024

...The Tsetsaut Skii km Lax Ha ...has filed a petition to challenge the British Columbia's "substantially started" determination for Seabridge Gold Inc.'s KSM copper-gold mine project in Northern B.C., a status that ensures that a previously approved environmental assessment certificate (EAC) remains in effect for the life of the mine.

Tsetsaut Skii km Lax Ha, a First Nation that contests rights of the Nisga'a Nation and Tahltan Nation over the eastern side of the KSM project, which is where Seabridge plans to build the tailings facility for the mine, says it was not adequately consulted by the provincial government prior to the B.C. Environmental Assessment Office's approval of Seabridge's KSM substantially started status application.

"The Tsetsaut Skii km Lax Ha's rights and responsibilities for our traditional territory must be respected," said Tsetsaut Skii km Lax Ha Chief .... "We are not anti-industry, but mining activity has been taking place on our lands without our consent, including activities that may put our waterways, wildlife and food security at risk."

In a petition to the B.C. Supreme Court, Tsetsaut Skii km Lax Ha is requesting an order to quash the previously approved substantially started determination for KSM due to the province failing to fulfill its duty to consult the First Nation.

Seabridge contends that Tsetsaut Skii km Lax Ha were active participants in the KSM substantially started decision making process. The company adds that three other First Nations and six municipal governments in Northern B.C. expressed strong support for the positive determination.

Tsetsaut Skii km Lax Ha contends that the consultation was disproportionally weighed toward the larger Tahltan and Nisga'a Nations...

If Tsetsaut Skii km Lax Ha is successful in its petition, the likely path forward is for the substantially started process for KSM to be resumed to include additional consultation or reconsider the reasoning behind the previously issued determination....