Teztan Biny (Fish Lake) Newswire

May 28, 2012

Call For Support

Tsilhqot’in Protest Outside of Taseko Mines Ltd. AGM

Friday, June 1st@ 12:00 noon - 2 pm

837 West Hastings Street

Vancouver, Coast Salish Territories

Tsilhqot’in Territory, May 11, 2012:  The Tsilhqot’in Nation today reaffirms its position to the newly appointed “New” Prosperity Review Panel that the mine cannot be approved and that the entire credibility of Canada’s environmental assessment process hangs in the balance.  This version of the mine was already reviewed and rejected by the previous Panel, then called “Mine Development Plan #2”, because Environment Canada and the company itself testified that it posed a higher environmental risk than the previous plan and would likely contaminate Teztan Biny (Fish Lake) over time.  The mine design does not solve any of the significant impacts found by the previous Panel.

“Although the government did not appoint a First Nations member to the Panel, we recognize that three professionals have been appointed. We are confident that upon scrutiny, that the work undertaken by this new panel will completely confirm the previous panel’s findings that this alternative version of the mine poses even greater environmental risk,” said Tsilhqot’in National Government Tribal Chair Chief Joe Alphonse, “And will mean the same devastating impacts for our culture and our Tsilhqot’in way of life”.

“We trust this Panel will undoubtedly come to understand what it would mean for our culture to have a sacred place destroyed,” said Chief Marilyn Baptiste of the Xeni Gwet’in First Nation.  “Yanah Biny and Nabas – where we have homes and graves – are still threatened.  Teztan Biny would be surrounded and contaminated by one of Canada’s biggest open-pit mining operations.”

Chief Alphonse: “The Tsilhqot’in have already proven our Aboriginal rights to this area in one of Canada’s longest court battles.  We won’t back down.  No government can stop us from reflecting on who we are and the importance that this area has for us – this isn’t residential school.”

Chief Baptiste:  “We are fighting for our cultural survival.  We see this as a major environmental threat to the headwaters of the Taseko Lake and River systems.  At stake is the wellbeing of one of British Columbia’s salmon runs.  The Tsilhqot’in have protected our headwaters and salmon for generations and we won’t stop now.  Keeping our waters clean and salmon safe is for everybody, not just the Tsilhqot’in.”

The United Nations Declaration on the Rights of Indigenous Peoples requires States to consult and cooperate in good faith with indigenous peoples in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories.  We expect nothing less as this proposal is a potential extinguishment of our Aboriginal Rights to hunt, trap and fish in a sensitive area at the headwaters of the Taseko River.

Media Contacts: Chief Marilyn Baptiste: 250-267-1401 or 250-394-7023

Chief Joe Alphonse: 250-305-8282 or 250-394-4212

Attachment: Ten facts that show why Prosperity Mine proposal cannot be approved

TŜILHQOT’IN NATIONAL GOVERNMENT

Ten facts that show why resubmitted Prosperity Mine proposal cannot be approved

1. The CEAA review panel process was very different from the BC EAO rubber-stamp decision. Its report found immitigable, devastating impacts to the local fish stocks and endangered grizzly populations, and to the existing and future rights of the Tsilhqot’in and its youth. Then Environment Minister Jim Prentice described the report’s findings as “scathing” and “probably the most condemning I have ever read.” 

2. The company knows its new option is worse than its first plan. TML’s V.P. Corporate Affairs, Brian Battison, was clear in his Mar. 22, 2010, opening presentation to the CEAA hearings, when he stated: “Developing Prosperity means draining Fish Lake.  We wish it were otherwise.  We searched hard for a different way. A way to retain the lake and have the mine.  But there is no viable alternative.  The lake and the deposit sit side by side.  It is not possible to have one without the loss of the other.”

3. The point was emphasised by TML’s VP of engineering, Scott Jones, who stated: “What happens to the water quality in Fish Lake, if you try and preserve that body of water with the tailings facility right up against it, is that over time the water quality in Fish Lake will become equivalent to the water quality in the pore water of the tailings facility, particularly when it’s close.”  

4. This proposal does not address the issues that led to the rejection of the first bid last year. Fish Lake will be affected by the toxic waste and eventually die, and it will be surrounded by a massive open pit mine and related infrastructure for decades.  The Tsilhqot’in people will not have access to their spiritual place, and the area will never be returned to the current pristine state.

It is not even new. It is “Mine Development Plan 2.”  TML states on page 20 of its project submission: “Option 2 is the basis for the New Prosperity design …The concepts that lead to the configuration of MDP Option 2 have been utilized to develop the project description currently being proposed.”

5. This option was looked at and rejected last year by the company, Environment Canada and the CEAA review panel. For example, page 65 of the review report states:  “The Panel agrees with the observations made by Taseko and Environment Canada that Mine Development Plans 1 and 2 would result in greater long-term environmental risk than the preferred alternative.”

6. The new $300 million in proposed spending is to cover the costs of relocating mine waste a little further away. There is nothing in the ‘new’ plan to mitigate all the environmental impacts identified in the previous assessment. TML states in its economic statement: “The new development design, predicated on higher long term prices for both copper and gold, would result in a direct increase in capital costs of $200 million to purchase additional mining equipment to relocate the tailings dam and to move the mine waste around Fish Lake to new locations. This redesign also adds $100 million in direct extra operating costs over the 20-year mine life to accomplish that task.” In fact, this new spending is actually $37 million less than the company said last year it would have to spend just to go with the option that it and the review panel agreed would be worse for the environment.

7.  The federal government is required under the Constitution to protect First Nations, which have been found to be under serious threat in this case, and is internationally committed to do so under the United Nations Declaration on the Rights of Indigenous Peoples. These duties are every bit as clear regarding this resubmitted proposal.

8.  Approving this mine would show the Environmental Assessment process is meaningless, and would demonstrate that governments are ignoring their obligations -  as the Assembly of First Nations  national chiefs-in-assembly made this crystal clear this summer in their resolution of support for the Tsilhqot’in.

9.  The federal Department of Fisheries and Oceans has opposed this project since it was first raised in 1995. It soundly rejected it again last year. It has no reason to support it now. Nor does Environment Canada, which, as the CEAA report noted last year, also found option 2 to be worse than the original bid.

10.  There are many other more worthy projects to be pursued – the vast majority of which, if not all will require working with aboriginal communities. Natural Resources Canada estimates there is $350 billion-$500 billion worth of such potential projects in Canada.  Governments, industry and investors do not need to go backwards by pushing this confrontational proposal and rebuffing efforts by First Nations to find a way to create a better mining system that would benefit everyone in the long run.

JP Laplante, B.Sc., B.I.T.

Mining, Oil and Gas Manager

Tsilhqot’in National Government

253 Fourth Avenue North

Williams Lake BC V2G 4T4

Tel: 250-392-3918 (If Unanswered, Press 3, then 9)

Fax: 250-398-5798

Email: jlaplante@tsilhqotin.ca

www.tsilhqotin.ca

Toll Free: 1-877-512-2674

Tsilhqot’in Territory, May 1, 2012: A deeply offensive letter from Taseko Mines Ltd (TML) to the Harper government, urging Environment Minister Kent to impose new limits on First Nations participation and remove key Aboriginal concerns from the review of its rebid Prosperity Mine proposal, raises fears that the company’s lobbying could reduce the federal review to a version of British Columbia’s weak “rubberstamp” process that approved TML’s first, discredited bid.

In a recently obtained Nov. 23, 2011 letter to Minister Kent, TML President and CEO Russell Hallbauer urges Minister Kent to:

·         Prohibit Aboriginal prayers or ceremonies at the start of Panel hearings – even though this is a matter of basic respect by governments and tribunals when engaging with First Nations;

·         Impose new limits on our communities’ ability to expressing their views, including those of our youth, whose future is at stake, and by banning videos and other commentaries; and

 ·         Prevent the Panel from considering the spiritual importance of the area to the Tsilhqot’in people, even though this is central to our culture.

The profound spiritual importance of this area to the Tsilhqot’in people was a significant factor in the decision of the federal panel that reviewed the original Prosperity Mine proposal.  That proposal was soundly rejected by the Federal Government in November 2010, in part based on permanent, high magnitude impacts on Tsilhqot’in culture and cultural heritage.

 “This is a black eye to the mining industry and we hope it is not one it would endorse, but we are not surprised that Mr. Hallbauer would write such an offensive letter,” said Chief Alphonse. “We have warned over and over again that this company does not understand or respect First Nations or our issues.  This letter proves, once again, that this is the wrong project, in the wrong place, by the wrong company.”

Mr. Hallbauer’s letter underscores concerns raised earlier by TML’s campaign to prevent the new Panel from deciding the significance of impacts on Aboriginal rights.  The previous Panel concluded that the original Project would have significant impacts on Tsilhqot’in Aboriginal rights.

First Nations are alarmed that the draft Terms of Reference for the new Panel, which are expected to be finalized any day, would drastically reduce or even remove the new Panel’s mandate to consider impacts on Aboriginal rights.

Chief Alphonse added: “What concerns us is this letter is part of a major lobbying campaign by TML, which had three lobbyists registered in Ottawa on this file. The failure of CEAA or the government to assure us the rules of the game are not going to be changed for this second review – which should never have been granted in the first place – obviously makes us wonder if we should be worried that the fix is in.”

Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs, stated “First Nations were deeply alarmed by the Harper Government’s recent announcement to eviscerate the federal Environmental Assessment process as part of their Responsible Resource Development Plan. If the draft Terms of Reference for the new Panel, which are expected to be finalized any day, drastically reduce or even remove the new Panel’s mandate to consider impacts on Aboriginal rights, it will result in greater uncertainty and intensified conflict on the land.”

Chief Baptiste said: “Mr. Harper’s government lived up to its responsibility to the environment  and its constitutional duty to protect First Nations rights by rejecting the first bid in 2010 and it surely has no choice but to do so again. However, it did take the unprecedented step of allowing this second kick at the can for TML, even though the new option was described by the first review panel, TML itself, and Environment Canada as posing even greater environmental risk than the original plan.

“Add to this the fact that the government is pushing through sweeping changes to the EA process in general, to the Fisheries Act, and now we have this letter from TML, and yes, we are concerned,” said Chief Baptiste, “But this letter shows what we are up against.  We will not be silenced and we will not back down.  This government endorsed the United Nations Declaration on the Rights of Indigenous Peoples, and we know that all of Canada is watching what happens here”.

Link to Letter from Taseko Mines Ltd. to Minister Peter Kent: 

http://www.ubcic.bc.ca/files/20111123_Hallbauer_Kent_AboriginalParticipation.pdf

Media contacts:

Chief Joe Alphonse – 250-305-8282 or 250-394-4212

Grand Chief Stewart Phillip – 250-490-5314

Chief Marilyn Baptiste – 250-267-1401 (after 12 noon, Pacific)

Williams Lake Tribune - May 1, 2012

Editor:

When it comes to life — all life — it is water and land that sustain all, no matter who you are.

This is central to the Tsilhqot’in people’s position that there can be no give and take when it comes to protecting Teztan Biny (Fish Lake) and the surrounding ecosystem (Yanah Biny [Little Fish Lake] and Nabas) from an utterly destructive revised mine proposal — a bid that is in fact based on Option 2 in the original Prosperity Mine bid, which the former 2010 CEAA review panel, Taseko Mines Limited and Environment Canada all agreed had greater environmental risk than the plan that was ultimately rejected.

While this proposal might be all about money for Taseko Mines Limited, for us it is about life and future generations. No amount of money could replace what would be lost.

Of course, the issue of rights is also crucial to us.

The same CEAA panel in 2010 reported that our current and future rights would be irreparably harmed, and noted that the incredible cultural importance of this area would be lost for the Tsilhqot’in whether or not Teztan Biny is somehow kept on life support in the middle of a massive open-pit mining operation.

In 2010 the federal government did the only thing it could honourably do under its responsibility to the environment and its constitutional duty to protect First Nations rights, and rejected this proposed mine. With continuing immitigable impacts to the environment, fish and grizzly habitat and aboriginal use now and in the future, it must do so again.

This project is not the only option for Williams Lake or the Tsilhqot’in.  As Williams Lake’s mayor said during the recent municipal election, there are many other projects and options for the city and region, and indeed the Tsilhqot’in Nation continues to work towards other economic opportunities.

It might be easy for some to say that the Tsilhqot’in should step aside, but one wonders if they would do so if this project were to be built in Williams Lake and threatened their water and land, instead of out of the town’s sight, 125 kilometres away.

Chief Marilyn Baptiste

Xeni Gwet’in First Nations Government

http://www.wltribune.com/opinion/letters/149554515.html?c=n

RAVEN (Respecting Aboriginal Values & Environmental Needs)

Williams Lake Tribune - March 23, 2012

March 21, 2012

Dear RAVEN friends and supporters,

The ongoing effort to preserve Teztan Biny (Fish Lake) continues in many ways - and there have been a few developments to share. One of the latest efforts is to spread word of this issue to a new, international audience.  Water is everyone’s right. And the destruction of a pristine ecosystem and watershed plus the trampling of indigenous rights deserve world-wide attention.

TAKING TEZTAN BINY TO THE WORLD:
Xeni Gwet’in Chief Marilyn Baptiste recently returned from Geneva where she presented the Tsilhqot’in report to the United Nations Committee on the Elimination of Racial Discrimination (UN-CERD) 80th Session. The Tsilhqot’in report focused on the fight to protect Teztan Biny and the surrounding environment and the underlying legal situation which ignores First Nations rights and title.

“The Tsilhqot’in are prepared to go to the international level to protect our Nation’s rights and title,” said Chief Joe Alphonse, Chair of the Tsilhqot’in National Government. “In the case of the rebid Prosperity Mine proposal, we feel that we’ve nearly exhausted every possible avenue to resolve this at the local level, though we will continue to take our fight to the new federal Panel review.”

Also this week, RAVEN is sponsoring Blaine Grinder of Tl’etinqox (one of the six communities of the Tsilhqot’in Nation)to attend and present at the  World Water Forum 6, in Marseille France.  The conference runs March 12-17, 2012.  In an effort to educate and reach out to a new audience, Blaine is “looking to support others in their fight for clean water, get the message out there internationally to keep the Canadian Government accountable for their actions, and we are also requesting to have speakers during our environmental panel hearings on our behalf, letters and emails to CEAA as well. Also the new Canadian Environment Minister Peter Kent, the Prime Minister of Canada Stephen Harper, please email on our behalf to tell them to protect Teztan Biny (Fish Lake) and once again make the right decision to reject the new prosperity proposal.”

Blaine has written an initial blog, and will be adding more soon from his experience at the conference. 

SETTLEMENT BETWEEN TNG AND TML

TNG and TML have settled the two court cases (Taseko’s Civil Claim against Chief Marilyn and others, and Chief Marilyn’s Petition challenging the permits) relating to the exploration program. Taseko will commence a reduced scope of work that will be undertaken for the sole purposes of obtaining information required for the Federal environmental assessment of the proposed New Prosperity Project. On this basis, the parties have agreed not to further pursue existing legal actions.

TNG and the Tsilhqot’in remain 100% committed to opposing and defeating the New Prosperity Project.

TNG issued a news release February 29, 2012 to clarify their position. Stating the nation is determined to fight the “new” Prosperity proposal, the band goes on to say, “However, for the sole purpose of providing information to the federal environmental assessment process, the Tsilhqot’in have agreed to allow TML to carry out a significantly reduced exploration program under strict conditions.”

TNG RESPONSE TO TASEKO DEFAMATION LAWSUIT

You may have read that Taseko has launched a defamation suit against the Wilderness Committee over statements the environmental group made about the New Prosperity Mine on their (Wilderness Committee’s) website and Facebook page.

Many eNGOs consider this claim to be a SLAPP (Strategic Lawsuit Against Public Participation) suit.  Friends of the Nemaiah recently reported this suit as indicative of an overly aggressive attitude to those who oppose the New Prosperity project, which has been described as the “wrong mine in the wrong place.”

In response, Joe Foy of the Wilderness Committee stated, “We have a responsibility to be reasonable and work within the law, with respect to Taseko Mines, but we also have a responsibility as a B.C. environmental group to stand up for our values and speak truths and we believe this mine should not proceed…..The high environmental risk and long-term environmental risks, and impact on human rights in respect to the Tsilhqot’in Nation, we strongly and proudly oppose this mine and will do so with all our abilities.”

TNG issued a response in a recent press release, suggesting that Taseko considering suing themselves for similar statements made by them in the first round of Panel hearings:

“Perhaps it intends to sue its own Vice President – Brian Battison – who on March 22, 2010, on the opening day of the review hearings, stated: “Developing Prosperity means draining Fish Lake. We wish it were otherwise. We searched hard for a different way. A way to retain the lake and have the mine. But there is no viable alternative. The lake and the deposit sit side by side. It is not possible to have one without the loss of the other.”

“Or might it sue its VP of Engineering, Scott Jones, who told those hearings: “What happens to the water quality in Fish Lake, if you try and preserve that body of water with the tailings facility right up against it, is that over time the water quality in Fish Lake will become equivalent to the water quality in the pore water of the tailings facility, particularly when it’s close. You might be able to delay that by moving the tailings facility farther away to Fish Creek South. You may even be able to minimize that, reduce it by mitigation measures that could be applied. But eventually that water quality will change.”

“These statements are on the public record, and while TML might not wish the public to be reminded of them, it seems unfair to sue an NGO for raising criticisms similar to those from the independent panel and the company itself.”

MiningWatch Canada issued this statement: “Though we regret the actions of Taseko against the Wilderness Committee, it’s honestly not that big a surprise that Taseko would act this way…..Over the course of the environmental assessment we have observed a number of actions that Taseko has taken that, in our view, are not consistent with good practices for building trust and positive relationships with stakeholders.”

FIRST ANNUAL CREATIVELY UNITED FOR THE PLANET FESTIVAL - April 20 - 22 in Victoria, BC

If you are in or near Victoria for Earth Week, please come to this amazing new festival!  RAVEN will be participating/benefitting from the gathering of artists who are donating their talents to help the smaller charities who “do the hero work” in our communities.  Brainchild of local award-winning photographer Frances Litman, the festival will start with a Friday night dance party.  Several artists including Ann Mortifee, Robert Batemen, the Soul Shakers, Paul Horn, and the Gettin’ Higher Choir will donate their time to raise awareness of the many issues represented by the charities.  Funds raised will go to Sierra Club of BC, Western Wilderness Committee, Dogwood Initiative, Ancient Forest Alliance, the Garry Oak Ecosystems Recovery Team, BC Land Conservancy, Wild Arc, RAVEN, Oases Conservation Society, Peace Valley Environment Association, Child and Nature Alliance, Habitat for Humanity Victoria, and YES B.C. 

RAVEN will have a booth at the event, and our directors and volunteers will be taking turns so please drop by to visit.  This is a great chance for us and all the other worthy groups to “Be seen and be significant!”  Many events are free, and tickets are on sale now for those events that have a cost.  You can find out more at the festival website.

PREPARING FOR THE UPCOMING FEDERAL REVIEW HEARINGS

The final terms of reference for the CEAA panel are yet to be released.  However, preliminary quotes have been obtained by some of the scienctific analysts who will be called to work on this.  Please consider donating to cover some of these crucial (and costly) reports.  Without them, the Tsilhqot’in will not be able to present the best evidence at the hearing. 

Thank you to all those who have recently contributed!  100% of your donations will go toward the costs incurred by the band.  

With warm wishes,
Susan Smitten, Executive Director

Susan Smitten, Executive Director
RAVEN (Respecting Aboriginal Values &Environmental Needs)
2nd floor, 844 Courtney Street
Victoria, BC V8W 1C4
t. 250.383.2331
f. 250.380.6560
www.raventrust.com
Twitter: @RAVENtrust

http://sms.vsip.ca/mailings/74/76f69853cf12bf5ec1d9e90cccce3cd4/4f5fa8ef295e6/

Williams Lake Tribune - March 09, 2012

Initially Xeni Gwet’in Chief Marilyn Baptiste wasn’t sure if it was worth making the trek to Geneva, Switzerland to appear before the United Nations Committee on the Elimination of Racial Discrimination (CERD) in February, but now that she’s back home says it was important that she was there.

“I don’t like that kind of travel and it was a very long way to go for a short period of time, but observing the UN review was a tremendous opportunity and experience. It was very important for the many Indigenous and NGOs, as well as Afro-Canadian representatives from Canada that attended,” Baptiste says.

On Feb. 23, Baptiste, during a “very brief” opportunity, put forth some of the issues and concerns of First Nations in Canada. The delegation from Canada only had about three minutes to make a presentation, she says.

“We met beforehand and had the different position papers being given to the committee. We didn’t have much time to prepare ours because we arrived later than some of the others, but by getting together we were able to focus each of the positions a little more in depth so the committee could hear the voices.”

Aside from her role as chief of the Xeni Gwet’in First Nations Government, while at the UN she also represented the Tsilhqot’in Nation, BC’s First Nations Women Advocating Responsible Mining, of which she’s a founding member, and the Union of BC Indian Chiefs as its secretary treasurer.

“We spoke just before the committee heard Canada’s report and that was really good. One of the great advantages of being there was being able to submit an additional position paper on our aboriginal rights and titles.”

One of the reasons why the Tsilhqot’in and others in BC have not entered into the treaty process is the issue and concern of extinguishing the rights and title of their territories, she says.

“That was huge and important. Just thinking if we were not able to be there then obviously our concerns would not be put forth.”

Baptiste says she and her fellow presenters felt like they were heard by the CERD. After the Canadian government gave its “very good” report, the head of the committee thanked the government for its “excellent” report, but also noted they’d heard from NGOs, Indigenous and Afro-Canadians that it’s not as good as Canada was reporting.

“That was really good to hear. All of the questions of the committee members put forth to Canada were good and it was important to be there and hear those.”

Another thing Baptiste appreciated was the feedback she received from others. “I heard there were more committee members engaged this time, where there were more committee members asking questions. I have to put my hand up to others that have attended in the past and to those who submitted position papers this time around.”

The next step, she notes, is to follow up on the CRED report when it comes out and to utilize it in all the steps going forward.

“I think it will be helpful because it’s a part of holding Canada accountable,” Baptiste suggests.

http://www.wltribune.com/news/141964913.html