Update:
Mount Polley responded to Xatśūll's move on April 16, stating if there are improvements it could make, it would like to hear directly from its Indigenous partners.
"Mount Polley has always been open to Indigenous input with regard to improving our operations and performance, and during the three years we have been working on getting this permit, we have held meetings every month with representatives of both the Williams Lake First Nation and the Xatśūll First Nation," the company wrote in a release published on Mount Polley Journal.
The response also noted it was too early to make a substantive comment on the filing, and pointed out the judicial review is filed against B.C.'s permitting approval process rather than Mount Polley "per se."
Update:
The Union of B.C. Indian Chiefs (UBCIC) issued a statement in support of Xatśūll.
"The provincially approved expansion of the Mount Polley Mine tailings storage facility dam expansion is not just a local issue—it’s a warning siren across the province," said Grand Chief Stewart Phillip, UBCIC president. "This government cannot claim to uphold reconciliation while approving environmentally hazardous projects without consent, consultation, or proper assessment. Xatśūll’s action is an action for all First Nations and future generations.”
In the statement, UBCIC said the decision to approve the expansion is in direct contravention of the Declaration on the Rights of Indigenous Peoples Act.
"Xatśūll First Nation is courageously defending their inherent title and rights and territory while protecting the integrity of their lands and waters. The UBCIC fully supports their demand for accountability, transparency, and strict adherence to environmental and Indigenous rights laws," the statement said.
The provincial government told Black Press they cannot provide comment on any matters that are before the court.
Original:
Xatśūll First Nation has filed a judicial review with the B.C. Supreme Court against several B.C. government officials to overturn recent provincial decisions allowing Mount Polley Mining Corporation (MPMC) to raise the height of the dam and the tailings storage facility.
A news release by Xatśūll says Mount Polley devastated their territory in 2014 and continues to harm the nation's rights, culture and way of life.
"The provincial decision makers allowed this work to proceed without an environmental assessment, which is legally required in the circumstances," the release says. "In addition to the judicial review, Xatśūll will also seek an injunction, which will be filed in the coming days, preventing construction of the dam raise until the court process is concluded."
Recent decisions have given MPMC authorization to raise the dam by four metres. The corporation has signalled they would like to raise the dam by an additional 13 metres, Xatśūll said.
“The decision from the Province to authorize Mount Polley Mining Corporation to raise the height of the dam at its Tailings Storage Facility is a serious failure to prevent potential impacts to Xatśūll’s Aboriginal rights, reconciliation with Xatśūll after the 2014 disaster, and the implementation of UNDRIP,” said Xatśūll Kukpi7 (Chief) Rhonda Phillips in the release. “The risks of raising the tailings storage facility dam must be properly understood by Xatśūll and the public before any work is authorized, and we are standing up to demand accountability, transparency and a proper assessment process that respects Indigenous knowledge and law.”
While Xatśūll is opposed to the dam raising, the release says the First Nation recognizes the benefits of mining.
"We are not opposed to development. We support development that is responsible, sustainable and carried out in partnership with Indigenous Nations — development that respects our rights, our lands, and our future," the release says. "But as people who have lived in harmony with these lands and waters since time immemorial, Xatśūll must be part of sharing how development happens. Any development must make sure that it protects Xatśūll’s Aboriginal title and rights, the health of the community, and the well-being of key species like salmon, moose and caribou."
Phillips called the move to approve the dam raising without Xatśūll's consent and an environmental review "unconscionable."
Xatśūll will continue to withhold consent for the expansion until the environmental process is followed and their concerns are met.
"Many Xatśūll members are no longer able to fully or meaningfully exercise their Aboriginal title and rights, as physical disturbances in these areas disrupt essential rituals and seasonal gatherings, eroding Xatśūll’s profound connection to the land and their ancestors," the release says. "The time is now for B.C. to live up to its commitments to DRIPA and meaningful reconciliation with First Nations in B.C."
In December 2024, 15 charges were laid against MPMC for the 2014 tailings dam failure which led to 25 million cubic metres of water, tailings and debris to flood into Quesnel Lake.
The approval of the dam raising was given in March by Jagrup Brar, Minister of Mining and Critical Minerals, and Tamara Davidson, Minister of Environment and Parks.
"As statutory decision-makers under the Environmental Assessment Act, we have made the decision to allow the Mount Polley Mining Corporation to raise the height of its tailings storage facility dam by four metres to ensure water can be managed safely in advance of spring freshet. The necessary permit for this work under the Mines Act has also been approved," they said at the time of the announcement.
In that announcement the ministers said the mine's environmental regulations have been closely monitored and that will continue with the expansion.
With files from Monica Lamb-Yorski
