B.C. judge grants injunction in legal battle over tailings dam at Mount Polley mine

Chuck Chiang · The Canadian Press

· Posted: May 09, 2025 6:22 PM EDT | Last Updated: 7 minutes ago

The B.C. Supreme Court has ordered a intermission of operations astatine a wastewater retention installation astatine the Mount Polley excavation arsenic an summation to the dam is challenged by a section First Nation.

The court's determination issued Thursday orders the Mount Polley Mining Corp. not deposit excavation tailings into a retention dam that is being raised earlier July 1.

Justice Gary Weatherill has scheduled a four-day proceeding starting June 24 for the lawsuit arsenic portion of the court's bid connected Thursday.

A akin retention tract astatine the excavation successful B.C.'s Cariboo region, astir 370 kilometres northeast of Vancouver, collapsed successful August 2014, spilling astir 25 cardinal cubic metres of h2o and tailings into adjacent waterways successful 1 of the worst biology disasters successful B.C.

The ruling comes aft the Xatsull First Nation applied for an exigency injunction to halt a four-metre summation connected the tailings dam portion the tribunal hears a judicial reappraisal of the construction's support by the provincial government.

The court's determination does not see a intermission connected operation of the tailings retention facility.

The Xatsull First Nation said it welcomes the court's decision, and volition reason during the proceeding adjacent period that the intermission of tailing deposits should stay successful spot until the judicial reappraisal has been decided.

It said the determination volition assistance guarantee nary further harm from accrued levels of tailings deposits volition beryllium done until the judicial reappraisal is heard.

"Under the circumstances, and particularly fixed the devastating past of Mount Polley, Xatsull welcomes the court's determination," the First Nation said successful a statement. 

Dispute implicit consultation process

The federation said the state is astatine hazard of losing the advancement that it has made toward reconciliation due to the fact that it is allowing the tailings retention installation to beryllium raised without the legally required biology appraisal and without obtaining Xatsull's consent. 

The Xatsull besides urged Imperial Metals, Mount Polley's genitor company, and the state to "act successful bully faith" successful strengthening their narration with the federation successful a mode that "honours Xatsull's relation successful the territory present and for generations to come."

The state and Imperial Metals person not responded to requests from The Canadian Press for remark connected the latest tribunal order.

The B.C. authorities said it approved the summation connected the dam to safely negociate the outpouring runoff, and that the task was reviewed by method experts and successful consultation with First Nations.

In its effect to the Xatsull's ineligible challenge, the state said its ministers for mining and situation did decently consult the Xatsull connected the task earlier support was given.

"The consultation with Xatsull undertaken by the state included engagement with the Environmental Assessment Office and with the Major Mines Office of the Ministry of Mining and Critical Minerals … and upheld honour of the Crown," its effect said. 

"The Ministers' determination reflects the substantive information of Xatsull's concerns and ineligible presumption successful narration to the mentation of the statutory instruments, the process for authorizing the tailings retention installation raise, and the substantive concerns precocious concerning a heightened environmental hazard from the tailings retention installation raise."

The state had besides argued that Mount Polley has a valid biology appraisal certificate for raising the dam and that operation connected the task should not beryllium paused during the ineligible challenge.

"Even successful [Xatsull's] materials, determination is nary grounds that the plan of the tailings retention installation rise is not safe, nor that irreparable harm volition effect from its construction," the provincial effect said.

In its ineligible response, the Mount Polley Mining Corp. besides argued against pausing operation connected the project, voicing enactment for the proceeding to beryllium held astatine the extremity of June for "allowing Xatsull's concerns to beryllium heard successful afloat connected their merits."

"Construction of the tailings retention installation rise is good underway," Mount Polley's effect said. "It besides requires the full operation play to complete, and adjacent a abbreviated hold risks that the enactment is not implicit this season."

The institution besides said stopping operations astatine the excavation could effect successful Mount Polley having to laic disconnected astir 255 unionized workers and the nonaccomplishment of tens of millions of dollars of business to the mine's assorted suppliers and vendors, ranging from firm contractors to tiny family-run businesses.