Welcome!

News Feed Item

BC Government Violated Duty to Consult Taku River Tlingit Regarding Controversial Tulsequah Chief Project

ATLIN, BRITISH COLUMBIA -- (Marketwired) -- 07/24/14 -- The Honourable Justice George Macintosh has ruled that the BC Government breached its duty to consult the Taku River Tlingit First Nation when making a critical determination regarding the Tulsequah Chief Mine. Justice Macintosh also criticized evidence relied upon by the BC Government in making a determination that the project was substantially started. The Environment Minister must make the decision again which puts Chieftain Metals mine approvals at risk.

"Our government and the BC government have put considerable time and energy into the development of a Government to Government Agreement, finalized in 2011, which provides guidance to both governments in working toward shared decision-making processes for Taku River Tlingit Territory. Although both governments have benefited in some ways from this agreement, there's been no improvement in our working relationship with the Environmental Assessment Office," said John D. Ward, Spokesperson for the Taku River Tlingit. "We are pleased that the Court recognized we were not consulted, accommodated or even notified about the Environmental Assessment Office's determination that the project had been substantially started which, in accordance with their legislation, meant the company could proceed in perpetuity."

The Taku River Tlingit Government, represented by Ecojustice lawyers, argued the case in B.C. Supreme Court in late May 2014.

Under BC's Environmental Assessment Act, Chieftain Metals had until December 2012 to "substantially" start the project before its environmental assessment certificate expired.

In April 2012, Chieftain Metals wrote to the BC Environmental Assessment Office (EAO) requesting a decision that the mine was "substantially started". In June 2012, the EAO advised Chieftain of its determination that the project was "substantially started" - even though none of the mine's main components identified in its approved project description, such as the underground mining, waste storage facilities or main access to the site had ever been started. The EAO, in violation of a legal duty to uphold the honour of the Crown, never contacted the Taku River Tlingit to consult or even notify them about its decision.

In 2004, the Supreme Court of Canada ruled that British Columbia is constitutionally obliged to consult the Taku River Tlingit about this specific project.

"Our government passed a Joint Clan mandate rejecting Chieftain's currently proposed project on Nov. 18, 2012, because the citizens of our Nation will not approve any mining projects that are not both environmentally responsible and financially viable. But this decision, and the fact that we will remain opposed to the proposed project until such time as Chieftain Metals is able to adequately address that Joint Clan Mandate, is separate from our reasons for going to court," Mr. Ward said. (see www.trtfn.org under "Tulsequah Chief Project" to view the mandate). "We, meaning the TRT and BC governments, have been struggling for decades to develop respectful and mutually agreeable processes for making decisions on Tlingit territory. This is not something to be taken lightly, and we need to be clear now, and always, that if the EAO has legislation stating they must make decisions on our lands then, at the very least, they must do so jointly with the Taku River Tlingit government."

"Our goal is to protect the consultation rights of the Taku River Tlingit and the integrity of one of BC's most ecologically-intact watersheds," said Randy Christensen, Ecojustice staff lawyer. "Every one of us should feel an obligation to help protect such pristine lands and waters from irresponsible decision-making processes, especially when made in the absence of those who will be most impacted by the decision."

The Taku River watershed is three times the size of Prince Edward Island and straddles the border between northwestern British Columbia and southeast Alaska. It contains some of the richest wildlife habitat on North America's west coast and is home to globally significant populations of large mammals like the grizzly bear, wolf, moose, and woodland caribou. The Taku River is also home to runs of all five species of Pacific salmon.

Contacts:
John D. Ward
Spokesperson
Taku River Tlingit First Nation
250.651.7904

Randy Christensen
staff lawyer
Ecojustice
604.685.5618 ext. 234

More Stories By Marketwired .

Copyright © 2009 Marketwired. All rights reserved. All the news releases provided by Marketwired are copyrighted. Any forms of copying other than an individual user's personal reference without express written permission is prohibited. Further distribution of these materials is strictly forbidden, including but not limited to, posting, emailing, faxing, archiving in a public database, redistributing via a computer network or in a printed form.

Latest Stories
Predictive analytics tools monitor, report, and troubleshoot in order to make proactive decisions about the health, performance, and utilization of storage. Most enterprises combine cloud and on-premise storage, resulting in blended environments of physical, virtual, cloud, and other platforms, which justifies more sophisticated storage analytics. In his session at 18th Cloud Expo, Peter McCallum, Vice President of Datacenter Solutions at FalconStor, will discuss using predictive analytics to ...
Let’s face it, embracing new storage technologies, capabilities and upgrading to new hardware often adds complexity and increases costs. In his session at 18th Cloud Expo, Seth Oxenhorn, Vice President of Business Development & Alliances at FalconStor, will discuss how a truly heterogeneous software-defined storage approach can add value to legacy platforms and heterogeneous environments. The result reduces complexity, significantly lowers cost, and provides IT organizations with improved effi...
The cloud promises new levels of agility and cost-savings for Big Data, data warehousing and analytics. But it’s challenging to understand all the options – from IaaS and PaaS to newer services like HaaS (Hadoop as a Service) and BDaaS (Big Data as a Service). In her session at @BigDataExpo at @ThingsExpo, Hannah Smalltree, a director at Cazena, will provide an educational overview of emerging “as-a-service” options for Big Data in the cloud. This is critical background for IT and data profes...
Father business cycles and digital consumers are forcing enterprises to respond faster to customer needs and competitive demands. Successful integration of DevOps and Agile development will be key for business success in today’s digital economy. In his session at DevOps Summit, Pradeep Prabhu, Co-Founder & CEO of Cloudmunch, covered the critical practices that enterprises should consider to seamlessly integrate Agile and DevOps processes, barriers to implementing this in the enterprise, and pr...
SYS-CON Events announced today that Men & Mice, the leading global provider of DNS, DHCP and IP address management overlay solutions, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. The Men & Mice Suite overlay solution is already known for its powerful application in heterogeneous operating environments, enabling enterprises to scale without fuss. Building on a solid range of diverse platform support,...
Sensors and effectors of IoT are solving problems in new ways, but small businesses have been slow to join the quantified world. They’ll need information from IoT using applications as varied as the businesses themselves. In his session at @ThingsExpo, Roger Meike, Distinguished Engineer, Director of Technology Innovation at Intuit, showed how IoT manufacturers can use open standards, public APIs and custom apps to enable the Quantified Small Business. He used a Raspberry Pi to connect sensors...
The principles behind DevOps are not new - for decades people have been automating system administration and decreasing the time to deploy apps and perform other management tasks. However, only recently did we see the tools and the will necessary to share the benefits and power of automation with a wider circle of people. In his session at DevOps Summit, Bernard Sanders, Chief Technology Officer at CloudBolt Software, explored the latest tools including Puppet, Chef, Docker, and CMPs needed to...
Data-as-a-Service is the complete package for the transformation of raw data into meaningful data assets and the delivery of those data assets. In her session at 18th Cloud Expo, Lakshmi Randall, an industry expert, analyst and strategist, will address: What is DaaS (Data-as-a-Service)? Challenges addressed by DaaS Vendors that are enabling DaaS Architecture options for DaaS
One of the bewildering things about DevOps is integrating the massive toolchain including the dozens of new tools that seem to crop up every year. Part of DevOps is Continuous Delivery and having a complex toolchain can add additional integration and setup to your developer environment. In his session at @DevOpsSummit at 18th Cloud Expo, Miko Matsumura, Chief Marketing Officer of Gradle Inc., will discuss which tools to use in a developer stack, how to provision the toolchain to minimize onboa...
DevOps is not just last year’s buzzword. Companies with DevOps practices are 2.5x more likely to exceed profitability, market share, and productivity goals. But how do you enable high performance? What can you do right now to start? Find out from DevOps experts including Gene Kim, co-author of "The Phoenix Project," and the Dynatrace Center of Excellence.
SYS-CON Events announced today that Avere Systems, a leading provider of enterprise storage for the hybrid cloud, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Avere delivers a more modern architectural approach to storage that doesn’t require the overprovisioning of storage capacity to achieve performance, overspending on expensive storage media for inactive data or the overbuilding of data centers ...
With the proliferation of both SQL and NoSQL databases, organizations can now target specific fit-for-purpose database tools for their different application needs regarding scalability, ease of use, ACID support, etc. Platform as a Service offerings make this even easier now, enabling developers to roll out their own database infrastructure in minutes with minimal management overhead. However, this same amount of flexibility also comes with the challenges of picking the right tool, on the right ...
SYS-CON Events announced today that Catchpoint Systems, Inc., a provider of innovative web and infrastructure monitoring solutions, has been named “Silver Sponsor” of SYS-CON's DevOps Summit at 18th Cloud Expo New York, which will take place June 7-9, 2016, at the Javits Center in New York City, NY. Catchpoint is a leading Digital Performance Analytics company that provides unparalleled insight into customer-critical services to help consistently deliver an amazing customer experience. Designed...
SYS-CON Events announced today that Alert Logic, Inc., the leading provider of Security-as-a-Service solutions for the cloud, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Alert Logic, Inc., provides Security-as-a-Service for on-premises, cloud, and hybrid infrastructures, delivering deep security insight and continuous protection for customers at a lower cost than traditional security solutions. Ful...
SYS-CON Events announced today that Interoute, owner-operator of one of Europe's largest networks and a global cloud services platform, has been named “Bronze Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2015 at the Javits Center in New York, New York. Interoute is the owner-operator of one of Europe's largest networks and a global cloud services platform which encompasses 12 data centers, 14 virtual data centers and 31 colocation centers, with connections to 195 ad...