Thompson Creek defeats Endako legal challengeFinally some light at the end of the Tunnel. IMO,This defeat of a B.C. First Nation legal challenge that is simular to Nisga's current legal challenge could be the straw that breaks the back and settles the current Nisga's case in favour of Avanti Mining Inc.
Thompson Creek defeats Endako legal challenge
2013-10-02 13:43 ET - Street Wire
Thompson Creek Metals Company Inc. has defeated a legal challenge brought by the Stellat'en First Nation over an expansion of the company's Endako molybdenum mine. In a unanimous decision handed down Thursday, Sept. 24, the Court of Appeal for British Columbia has found that the government made adequate efforts to consult the band about the mine expansion. The band effectively derailed that consultation process by demanding talks over decades-old events, the court has found.
The decision stems from Thompson Creek's application to build a new mill at the aging Endako mine, which is within territory the Stellat'en claims. In 2008 the company applied to clear about 300 hectares of timber and sought permits to construct a mill and associated tailings ponds, among other things. It also sought to draw more water from a nearby water body called Francois Lake.
As part of the approval process, the B.C. Ministry of Energy, Mines and Petroleum Resources attempted to consult the Stellat'en about the various permits that Thompson Creek required. The band, however, wanted to discuss more than just the mine expansion. It wanted a consultation process that included a discussion about infringements from the original mine, which was built in 1965.