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RAVEN (Respecting Aboriginal Values & Environmental Needs)
Williams Lake Tribune - March 23, 2012

Tsilhqot’in Territory, March 5, 2012: The Tsilhqot’in National Government is shocked that Taseko Mines Ltd. (TML)has launched a defamation suit against an environmental group for questioning the company’s claims that its ‘new’ Prosperity Mine proposal addresses all concerns and will save Teztan Biny (Fish Lake).
“We will certainly not be silenced by what appears to us to be a clear attempt to mute opposition and stifle criticisms,” says TNG Tribal Chair Chief Joe Alphonse. “Both the independent federal panel and the company itself were highly critical of option 2, which now forms the basis of the current proposal when it was assessed during the 2010 review as a possible alternative – and rejected.”
If TML believes it is defamatory to describe the rebid as worse than its original, one wonders why it is not suing the previous Review Panel for stating on page 65 of its 2010 report: 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.”
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.
The company also complains that it has worked hard to ensure it has addressed concerns and will save Teztan Biny – Fish Lake – and cannot stand by while this is falsely challenged. Yet, the company has not proved anything yet – that is for a federal panel to review. Our own analysis shows that Teztan Biny will not be saved. Based not only on the company’s own comments when trying to push through its first bid, but also from our own information, we also believe that other watersheds and important fish stocks will be threatened if this new proposal goes ahead.
“If it is libelous to dispute unproven claims and to present alternative views, then what is the point of having public hearings?” says Xeni Gwet’in Chief Marilyn Baptiste, “Muzzling environmental groups is not the way to earn credibility. What is clear is that this action by TML will not silence us.”
Media Contacts: Chief Marilyn Baptiste: 250-267-1401 Chief Joe Alphonse: 250-305-8282
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
Toll Free: 1-877-512-2674

Tsilhqot’in Territory, February 29, 2012: After a series of recent community meetings, the Tsilhqot’in Nation has reinforced its determination to protect Teztan Biny (Fish Lake) and the surrounding area from the threat of Taseko Mines Ltd.’s (TML) proposed “new” Prosperity Mine. The Tsilhqot’in communities strongly opposed TML’s 2011 exploration program and obtained an injunction from the BC Supreme Court preventing the company from conducting that work, pending a challenge to the approvals.
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. On this basis, all parties have agreed to end all outstanding litigation about the exploration program.
“This was not a decision we made lightly,” said Xeni Gwet’in Chief Marilyn Baptiste. “The communities were prepared to oppose this exploration at all costs. We don’t want any more damage to this sacred area. But as a Nation, we’ve made a decision to focus our energies on the real battle of defeating this project, full-stop.”
Chief Joe Alphonse, Chair of the Tsilhqot’in National Government, which represents six First Nations: “We already know this version of the project is worse than what was already rejected by the Federal government in 2010. We know this because the company said so themselves. The agreement to allow TML to conduct further tests in no way suggests that the Tsilhqot’in Nation is ready to accept the project, and in fact, the message we heard from the communities was that we must do everything we can to protect these lands and waters from this mine proposal.”
Media Contacts: Chief Marilyn Baptiste: 250-267-1401 Chief Joe Alphonse: 250-305-8282
Attachment: Ten facts that show why Prosperity Mine proposal cannot be approved

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.
(Earth Focus: Episode 34) Canada may be one of the world’s largest gold mining nations, but both its overseas and domestic mining activities are controversial. In this Earth Focus report, Human Rights Watch looks at the allegations of gang rapes and other violent abuses at the Pogera Mine in Papua New Guinea, which is operated and 95 percent-owned by Barrick Gold — a Canadian company that is the world’s largest gold producer. The Tsilhqot’in and Xeni Gwet’in people of British Columbia, Canada are struggling to stop the construction of Prosperity Mine, a gold and copper mine proposed by Taseko Mines Ltd., which would destroy Fish Lake (Teztan Biny), a sacred-held body of water.
This Earth Focus report sheds light on the struggle of the Tsilhqot’in and Xeni Gwet’in people of British Columbia, Canada to stop the construction of Prosperity Mine, a gold and copper mine proposed by Taseko Mines Ltd. The mine would destroy Fish Lake (Teztan Biny), a body of water held held sacred by the Tsilhqot’in and Xeni Gwet’in people. The Lake is part of a pristine watershed that runs into the Fraser River. Featuring the film Blue Gold made by Canadian filmmaker Susan Smitten and her team to document the impact of the proposed mine on the environment and the cultural heritage of British Columbia’s native people. An Earth Focus original report in collaboration with R.A.V.E.N. (Respecting Aboriginal Values and Environmental Needs), a Canadian charitable organization.
A 12 minute video
R.A.V.E.N. - December 5, 2011
Tsilhqot’in Win Injunction Against Taseko Mines
In a spectacular victory, Xeni Gwet’in Chief Marilyn Baptiste was granted an injunction on December 2nd to stop exploration at the proposed “New Prosperity” mine. At the same time, Justice Christopher Grauer also rejected Taseko Mines Ltd.’s (TML) application for an injunction preventing the Tsilhqot’in from blockading the road.
The injunctions were filed after TML attempted to enter Tsilhqot’in territory to conduct “exploratory work” based on its receipt of work permits from BC’s Ministry of Energy and Mines. Chief Baptiste and other TNG members met the trucks and asked them to turn around. In court, Jay Nelson, the lawyer representing Chief Baptiste, argued that BC failed to properly consult the Tsilhqot’in, a pattern that has played out since the province’s initial approval of the Prosperity mine.
Justice Grauer agreed that the record raised serious issues about the Crown’s breach of consultation duties. The court also found the balance of convenience favoured Chief Baptiste, dismissing TML’s claim that delaying the work caused irreparable harm to the firm. Justice Grauer instead ruled that without the injunction, the Tsilhqot’in would lose their right to be meaningfully consulted forever, and that “preservation of the area is vital” while the “gold and copper is not going anywhere.”
In the final analysis, the judge concluded that the harm to the Tsilhqot’in if the work went ahead would be far more significant than any harm to TML if the work were delayed. The injunction is for 90 days, during which time the courts will hear a judicial review of the company’s work permits. It also gives the government time to properly negotiate with the Tsilhqot’in people.
From RAVEN’s perspective, this is an expensive educational exercise. On this land that the Tsilhqot’in have defended for as long as anyone can remember, they once again show the strength of their convictions in protecting the land from inappropriate activities like open pit mining and logging. It is more than a surface conviction, but like the ore bed, it is buried deep in their understanding of what it means to be a ‘caretaker’ of the land.
And although Taseko was quick to put a brave front on the ruling, dismissing it as a “slight delay,” the company must now face again the fact that they are up against warriors.
It still rankles the Tsilhqot’in that they must fend off these aggressive industrial advances, when the land title is before the appeal court. How can it be, ask many who support the Tsilhqot’in or this issue, that there is another confrontation when the land issue remains unresolved? A decision from the B.C. Supreme Court of Appeal is imminent. But if they find in favour of the Tsilhqot’in on the issue of title, will this conflict disappear? Unlikely. Gold fever has taken hold.
http://raventrust.com/blog/2011-12/a-temporary-and-spectacular-win-for-the-tsilhqot-in-an-important-message-to-industry-and-government.html
R.A.V.E.N. - November 24, 2011
The fight to save Teztan Biny (Fish Lake) is on again in earnest. Taseko Mines has resubmitted a plan - a worse option than the one that was rejected - and it is now going to be reviewed by the Canadian Environmental Assessment Agency (CEAA). This process will take roughly one year. In addition, the province recently issued permits to allow Taseko to go in and build roads and drill at 59 sites, in advance of the federal EA. So now the Tsilhqot’in are in court as of Monday, November 28th, trying to get injunctions to prevent this from occurring and fighting legal action from Taseko aimed at preventing them from protecting their land.
And in case it isn’t clear, all the costs for this - from preparing legal arguments to having a lawyer stand in court, to hiring appropriate experts to research and write the scientific reports needed for the hearing, to getting the elders in to the hearings to testify ALL cost money that must be paid by the Tsilhqot’in. They bear this burden alone. There is no legal aid. Government does not pay for this. They just launch the process and then it is up to the band to pay for it.
As a result, RAVEN is now launching a second round of calls for help for the Tsilhqot’in - setting up a legal defence fund and raising the much needed funds to cover both the court applications and the experts and reports that will be needed for the upcoming CEAA review. Please share this and if you can assist with this effort, your energy, time, resources will be gratefully received!
Tax-deductible donations can be made online. Or you can mail in a cheque made payable to RAVEN if you prefer. Here’s our address:
RAVEN
2nd floor, 844 Courtney Street
Victoria, British Columbia, V8W 1C4
Canada
Please note that when making an online donation, you can use the drop down box to designate Fish Lake.
Although the burden of this rests on the shoulders of the Tsilhqot’in - we are really all in this together and that’s the only way we’ll turn it around. By standing as one with the Xeni Gwet’in and Tsilhqot’in Nation, we can stand up for First Nations rights and our environment. It doesn’t make any sense to go through this again - given that this second option is worse by Taseko’s own admission than the first proprosal. It stands to become another shameful example of the mining industry doing whatever it takes to make a profit and leaving it for the Tsilhqot’in and the rest of us to put up with the mess and permanent aftermath.
However, the Tsilhqot’in successfully defended their land and rights once. We can help them to do it again.
Posted by Susan Smitten Thursday Nov 24, 2011
http://www.raventrust.com/blog/2011-11/update-on-the-fight-to-save-fish-lake-part-two.html