Decision
In response to the devil's request, a few highlights from the Gold Commissioner's decision. Don't shoot the messenger.
"Minerals were produced from the Eskay Creek Mine from 1994 to 2008. Waste rock and tailings as by-products of this mineral production were deposited in Albino Lake during this time.....A lease under the Land Act was issued in 1994 over Albino Lake to the owner of the Eskay Creek Mine, for the purpose of using Crown Land to dispose of the waste rock and tailings.....
"The term "mineral" is defined in Section 1 of the Mineral Tenure Act:
"mineral" means an ore of metal, or a natural substance that can be mined, that is in the
place or position in which it was originally formed or deposited or is in talus rock, and
includes
a) rock and other materials from mine tailings, dumps and previously mined deposits
of minerals
"Skeena does not own a mining lease over the area of Albino Lake. Skeena does have a lease over Albino Lake issuedd under Section 38 of the Land Act.......
"Skeena asserts that it (and its predecessors) still owns the minerals in the waste rock and tailings that were disposed of in Albino Lake and continue to own them indefinitely. In essence, Skeena's assertion is that Albino Lake is not a waste disposal site and is instead a long-term storage repository for the waste rock and tailings over which Skeena continues to retain ownership."
To be continued. Will post this much before it evaporates.