Teztan Biny (Fish Lake) Newswire

Williams Lake Tribune - May 14, 2012

Editor:

Russell Hallbauer’s recent letter submitted to the environment minister projects more than caution, but desperation, paranoia, and fear.

It reflects the colonizing efforts made by the company to reduce indigenous people’s participation in the process.

Of the two arguments established, the first focuses on the extent that First Nations are categorically biased and can never be objective; the second implies that the previous panel gave “priority status” to First Nations perspectives, which influenced the decision.

First, Taseko Mines already requested Ms. Nalaine Morin be recused from the former panel for her advocacy role with the Talhtan Heritage Resources Environmental Assessment Team, saying she may be “biased.” An independent law firm reviewed this and the report determined that a bias did not exist with the evidence filed. While Hallbauer’s doubt lingers, it exists also amongst First Nations, who believe that panel members who have benefited financially from mining before may be tainted as biased towards the industry they once profited from. So it’s near impossible to rely on pure objectivity.

Second, Hallbauer raises concerns that the panel may have given special treatment to the Tsilhqot’in and Secwepmec communities. Considering prayers and songs before a meeting has been a long-standing custom.

It seems disrespectful for an outsider, whether the panel members or Taseko Mines executives, to come into a host community and demand unilaterally what the formalities should be. As if Hallbauer knew anything about aboriginal rights, it appears he somehow forgot that the Crown is legally obliged to accommodate the interests of First Nations through every step of the decision-making process.

While this rarely comes to fruition with satisfaction, the accommodation of the host country’s customs should be welcomed.

Hallbauer’s letter reflects his colonizer status, and it appears he hopes to convince the minister that domination and bullying is normal. It appears again that Taseko Mines is not interested in any relationship with the people who belong to the land.

Russell Myers

Williams Lake

http://www.wltribune.com/opinion/letters/151464395.html

Carson Smith posted in Save Fish Lake (Teztan Biny) - Prosperity Project/Taseko Mines Limited - May 3, 2012

Carson Smith

Keeping Watch: Prosperity Mine - May 2, 2012

Helping oppose Taseko Mines’ proposed Prosperity Mine in the Southwest Chilcotin.

First Nations Too New Age For Taseko Mines?

Welcome to Williams Lake - May 1, 2012

Taseko Mines President and CEO Russell Halbauer sent a letter to Federal Minister of Environment Peter Kent in November 2011, questioning the fairness and objectivity of the Federal Review Panel process. 

(TNG drummers, singers and guests share a song during the Amnesty International presentation regarding Prosperity Mine in the Gibraltar Room last November.)

He said that the “first and most significant” concern is that, during the first federal review process, one of the panel members was acting as coordinator for a First Nations organization—advocating for land usage right.

Taseko also believes, according to the letter, that is was not appropriate for the panel to begin its hearing with an aboriginal prayer ceremony. The letter said that one of the things that questioned the objectivity of the panel were certain presentations that were allowed, including a play put on by children wearing fish cut-outs on the their heads, and then falling on the floor, symbolizing the death of the fish.

Mr. Halbauer said that another example of unfairness was what he called “a 40 minute sensational movie entitled ‘Blue Gold: the Tsilhqot’in Fight for Teztan Biny.’”

He also stated that Taseko wanted to raise concerns about spiritual issues being addressed during the review process.

Russell Halbauer concluded the letter by saying that he raised these concerns in a positive spirit, with the goal of ensuring that the next panel process is effective, efficient and fair. 

“The new CEAA Panel will soon be appointed, and the fight to stop ‘New Prosperity’ Mine is increasing in strength,” stated the Friends of Nemaiah in a press release today. “It’s important to remember that not only was the proposed destruction of Fish Lake/Teztan Biny an important factor in the first refusal, the Panel also found the mine ‘would result in significant adverse environmental effects on fish and fish habitat, on navigation, on the current use of lands and resources for traditional purposes by First Nations and on cultural heritage, and on certain potential or established Aboriginal rights or title.’

“These issues are not resolved by the ‘new’ proposal.”

The Tsilhqot’in National Government (TNG) calls the letter from Taseko Mines ‘deeply offensive’ and states that 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.    

“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,” adds Chief Joe Alphonse. “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.”

Today’s press release from the TNG says that 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. It states 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.”

The original letter can be found at this link:

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

http://welcometowilliamslake.ca/index.php/human-interest/76-human-interest/5412-taseko-letter-to-minister-of-environment-comes-to-light.html

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/

253 – 4^th Avenue North, Williams Lake, BC V2G 4T4
Phone (250) 392-3918 Fax (250) 398-5798

GENEVA, SWIZTERLAND, February 23, 2012: Chief Marilyn Baptiste of the Xeni Gwet’in First Nations Government is in Geneva, Switzerland this week to report to the United Nations Committee on the Elimination of Racial Discrimination (CERD) 80^th Session.  The Tsilhqot’in Nation submitted a formal report to the CERD to highlight ongoing violations of Indigenous rights that the Tsilhqot’in experience in Canada and Chief Baptiste is in Geneva to present this to the Committee.

“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.”

Chief Baptiste expressed, “Through questions asked by committee members, issues and concerns reported by NGO’s and Aboriginal representation are being brought to international attention.  Questions included asking Canada to present their justification about how they gained title to the land, what mechanisms exist in Canada to ensure fair and equal court processes when communities turn to court to protect their Aboriginal Rights and Title, and if Canada thinks that Aboriginal Title can co-exist under the current political structure.”

The Tsilhqot’in report focuses on the fight to protect Teztan Biny and its environs from the proposed resubmitted Prosperity Mine proposal, and the underlying legal regime which sees First Nations rights and title ignored and bad mining projects forced upon communities against their will.”

“This is not simply a criticism of British Columbia’s outdated laws before the United Nations.  Instead, we are educating the U.N. about who we are as Tsilhqot’in, and about the values that we must protect if our culture is to thrive” said Chief Alphonse.  “These values include intact lands and waters that will sustain our communities, wildlife and fish, and second, economic development that respects our priorities.”

It has been extremely frustrating to the Tsilhqot’in communities to enter a new Panel review for a version of this mine already deemed worse by the previous Panel.

Chief Baptiste expressed, “The Tsilhqot’in will continue to call on both the BC and federal governments to uphold their fiduciary duties to protect our rights and title, which means protecting Teztan Biny and Nabas from this dangerous proposal.  We are also calling on the reform of BC’s outdated mining laws to be compliant with the standards found in the United Nations Declaration on the Rights of Indigenous Peoples, and which result in bad projects being forced upon us without our consent.”

A supporting submission on the issue of mining and FN rights in BC was also submitted by BC’s First Nations Women Advocating Responsible Mining (FNWARM), of which Chief Baptiste is a founding member.

Media Enquiries:  Chief Joe Alphonse (250-305-8282); As of Feb 24^th: Chief Marilyn Baptiste (250-267-1401)
Tsilhqot’in Report: http://www2.ohchr.org/english/bodies/cerd/docs/ngos/Tsilhqotin_Canada80.pdf
Attached:  Ten Facts that show why resubmitted Prosperity Mine proposal cannot be approved

253 – 4^th Avenue North, Williams Lake, BC V2G 4T4
Phone (250) 392-3918 Fax (250) 398-5798

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.

Williams Lake Tribune - December 8, 2011

Editor:

People of William’s Lake:

You don’t share your future with the people on the panel board, or the lobbyists or stockholders of Taseko Mines: You  share your future with the Tsilhqot’in.

Your grandchildren will marry theirs. You are related.

The precious land of the Tsilhqot’in territory, and its sacred healing water are being protected for future generations. In cherishing them and guarding them the Tsilhqot’in have done and will continue to do a service to all humanity.

Access to a pristine natural refuge, the opportunity to know wild nature and be in contact with unaltered wildlife, drinking living water from a lake or a creek, standing among perfect beauty, knowing the Earth as she is where she’s been honoured. … It is a privilege.

People everywhere would pay to share that. If half the effort that’s been put into pushing Taseko Mines’ project were put into a comprehensive eco-tourism project, then we’d be already creating the beautiful future we’re meant to have.

We can all become wealthy by protecting what is already here. The Tsilhqot’in are protecting the only source of true wealth, satisfaction for all human needs, and true power: the land.

If you acknowledge the rights and title they have to the land, they may acknowledge the work you have done to earn your place here.

If you recognize the injustice they have suffered they may recognize the injustice and oppression you have suffered. If you see their potential, they may see yours.

We could work together. We could see each other as brothers and sisters sharing the same Earth mother.

We could share a vision and create a future of freedom, self-sufficiency, food security, clean water, and land and shelter for all.

We’re on the same side. We’re on the same boat. See it.

Carmen Núñez

Tl’etinqox (Anaham)

• 

  Tom Swanky · Principal Researcher at The Great Darkening

  Very well said. It is a true privilege and an honor to hear the truth so eloquently spoken.

  Reply · 4 · · December 8 at 9:38am
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  Spherical Earthy 

  I’ve been thinking about just that Wilbert.” For start Sell that car & computer move out of your house and head for that dream land..I am sure it is in that ” VISION. I’m sooo ready to give up on this city living and return to the Earth and share in living with the land with the Tsilhqot’in. Quote” If half the effort that’s been put into pushing Taseko Mines’ project were put into a comprehensive eco-tourism project, then we’d be already creating the beautiful future we’re meant to have.” That would create jobs for a heck of allot longer then 30 years.And make allot more money in the longer run then the little bit of coin that the mines wanting to make.Not too mention that eco-tourism would provide a sustainable future for many many gernerations to come.As long as the elders can pass down the knowledge to the younger generation and so forth and so on that be a benifit for all peoples and all generations. The mines can’t do that! When a community has been living off the land for 1000’s of years compared to the less then 200 years we Caucasian peoples have been here , that goes to show me , compared to the Originals peoples of this land , that we arn’t responsible enough to have say over the land nor have the right! I’ll be heading out there this year, In hopes of learning a thing or 2 from the elders , and sharing some stories and Ancient wisdom. ♥

  Reply · · 21 hours ago
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  Madeline Myers · Columneetza Secondary School

  Robert Smith
  This Fish Lake thing has brought much controversy amongst all people. Right now the Natives in Canada are making the news with all sorts of issues. Like with the government pumping money that seems to be going into a hole into reserves with no accountability. I wonder , if all the money supply were to be cut off the reserves , perhaps when such things like having to find ways to generate revenue , such issues like Fish Lake , would be looked at more carefully? Or in fact any revenue based industry that would supply jobs and revenue to the Native peoples. I just read an article where many Natives have to leave the reserves to find employment and make a better living , where there is none on the reserves. But , keeping the land free from harmful pollution and harming streams and rivers is a good cause. We are not living in Heaven , we are living on this earth , Created by God.

  Reply · · 17 hours ago
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  Wilbert Robichaud · Bathurst

  Strange to read… everything said here is there now. How many millions of $$ is being made from tourism?
  Evey time I drive by the area I am amazed to see so many people drinking water from the lakes and rivers, must be that dead moose carcass floating near by with the open range cow pies and urine mixture who makes it so good to drink. “We could share a vision and create a future of freedom, self-sufficiency, food security, clean water, and land and shelter for all.” For start Sell that car & computer move out of your house and head for that dream land..I am sure it is in that ” VISION”, then come back and let the world know how great it is. Reality can be a heck of an eye opener and I think a few dose of it is needed, big time!

  Reply · · Friday at 6:49am

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    Ida Quilt · Hanceville, British Columbia

    Man’s quest for riches is going to destroy mother earth, how greedy do you have to get?
    
    
    http://www.wltribune.com/opinion/letters/135211503.html
    
    Click on link should there be anymore comments.