In theory, the latest court decision regarding Taseko Mines’ (TSX:TKO) New Prosperity project might have brought some clarity to Canada’s vaguely defined “duty to consult.” But how that plays out in practice remains to be seen.
On August 28 the company stated that last week’s British Columbia Supreme Court decision overrules native objection to an exploration permit. The ruling allows Taseko to collect data that might overcome a 2014 federal environmental rejection for the proposed gold-copper open pit in the province’s south-central area.
Calling the decision “unequivocal,” company president/CEO Russell Hallbauer said it affirmed the province’s “authority to approve resource development work even in the face of aboriginal opposition.
The Crown’s obligation is to consult with aboriginal people and to accommodate their interests where reasonable to do so. However, there is no duty or obligation to secure aboriginal support for the work being proposed.”
In 2010 a predecessor project called Prosperity met federal environmental rejection largely due to a plan to convert a 118-hectare lake into a tailings facility. Taseko then submitted a $300-million revision called New Prosperity, which would relocate the tailings. In the face of continued objection by the Tsilhqot’in National Government, Ottawa delivered its second rejection in 2014.
For the rest of this article: http://resourceclips.com/2018/08/28/taseko-claims-court-victory-but-natives-call-on-b-c-to-block-new-prosperity/