The Union of B.C. Indian Chiefs are denouncing a decision by the B.C. Supreme Court on Aug. 6 to dismiss a request for an injunction and judicial review by an area First Nation.
Union of B.C. Indian Chiefs (UBCIC) Grand Chief Stewart Phillip called the decision "a profound blow to Indigenous rights and environmental justice" after the court dismissed an application by Xatśūll First Nation, located in the Interior of B.C., between Quesnel and Williams Lake, for an injunction and judicial review of the plan to raise a tailing dam at the Mount Polley Mine.
Stewart made the statement in a news release from the UBCIC on Aug. 7, which expresses the organization's "deep disappointment" in the previous day's decision from the B.C. Supreme Court. The release said UBCIC stands in "full solidarity" with Xatśūll First Nation in defence of their land and rights.
More than 10 years after a dam breach at the Mount Polley Mine released an estimated 25 million cubic metres of mine waste into Hazeltine Creek and Quesnel Lake, Imperial Metals, the company which operates the mine, is planning to raise the height of the tailings dam by four metres.
While a revised design under updated regulations was approved by the province in March of 2025, Xatśūll First Nation, located downstream of the Quesnel River along the Fraser River, still opposed the proposal, citing environmental concerns and a lack of meaningful consultation.
The First Nation said the community "continues to endure the long-term impacts on their rights, culture and way of life" caused by the 2014 discharge into Quesnel Lake.
“Yesterday’s decision sadly advances a ‘business as usual’ approach to consultation, an approach that B.C. First Nations have long asserted that it is fundamentally broken and does not uphold our inherent and constitutionally protected title and rights," said Stewart.
The UBCIC release said the court's decision raises concerns about the precedent this could set for future resource development, particularly when posing a high long-term risk to First Nations' territories.
The chiefs are requesting clarification from the province on how it interprets "meaningful consultation" and "consent-based decision-making" under the Declaration on the Rights of Indigenous Peoples Act (DRIPA).
'We are at a critical juncture," said Chief Don Tom, UBCIC vice-president, adding the province needs to show DRIPA is more than symbolic.
