NEWS RELEASE posted on November 3, 2010 by dawn

Metal Mining Effluent Regulation (Schedule 2) still an issue with First Nations

by Carrier Sekani Tribal Council

News Release
November 3, 2010

Carrier Sekani Tribal Council (CSTC) is pleased with the Federal Government Decision not to approve the Prosperity Gold and Copper mine which would have destroyed Teztan Biny (Fish Lake) in the Tsilhqot'in and Northern Secwepmec traditional territory. However, the approval of Thompson Creek Metals Mt. Milligan mine in Nakazdli Territory, which had already received Federal Government approval in December 2009, still needs an approval from Nakazdli Whut'en which is a member community of CSTC.

Tribal Chief David Luggi stated, "Similarly, both the Tsilhqot'in and Nakazdli have concerns of the use of Schedule 2, the no net loss of fish habitat, in the use of waters to store tailings pond waste." Luggi added, "The controversial amendment is used by mining companies to subvert the Fisheries Act and destroy water resources. Furthermore, it places a lot of other lakes and water ways in jeopardy across Canada." Schedule 2 was added to the Metal Mining Effluent Regulation (MMER) in 2002 which essentially allows for the re?classifying of any natural water body to be listed as a "tailings impoundment area." Once a lake, river or creek gets listed, such as Fish Lake in the Tsilhqot'in territory and King Richard Creek in Nakazdli territory, it is no longer considered a natural water body and no longer protected by the Federal Fisheries Act. A mining company can use the lake as a dumping ground for millions of tonnes of tailings and waste rock.

Vice Tribal Chief Terry Teegee stated, "The Nakazdli did not get a Federal Review Panel process, rather a Comprehensive review was issued, which is not as in depth as they would have liked." Teegee added, "Also, our Supreme Court of Canada case (CSTC vs. Alcan et al.) clearly stated tribunals such as the Canadian Environmental Assessment Agency, National Energy Board, BC Utilities Commission, etc. need to consult with First Nations at the earliest stages." The ruling states:

[37] The Crown's failure to consult can lead to a number of remedies ranging from injunctive relief against the threatening activity altogether, to damages, to an order to carry out the consultation prior to proceeding further with the proposed government conduct.

"Essentially the ruling states that prior to any development and more importantly at the early stages of development, First Nations have to be involved in the decision making process." Teegee concluded, "we celebrate in solidarity with the Tsilhqot'in and the Northern Scewepmec peoples in the reprieve of Teztan Biny (Fish Lake) just as we did in September 17, 2007 when Amazay Lake (Duncan Lake) was also saved by the Tse Keh Nay (Takla Lake First Nation, Kwadacha First Nation and Tsay Kay Dene). These Lakes, nor any other lakes in Canada, should be on the table for mining projects to use them as tailings dumps."

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For more information, contact: Tribal Chief David Luggi at (250) 640-6622 Vice Tribal Chief Terry Teegee at (250) 562-6279; cell: (250) 640-3256