In the Courts: First Nation takes B.C. government to court over Brucejack mine – by Dustin Godfrey (Business In Vancouver – February 2023)

The Tsetsaut/Skii km Lax Ha Nation is taking the province to court claiming the government failed in its duty to consult with the First Nation regarding a mining company’s acquisition of a mine in its territory, and has failed to work with the mine’s new owners and the nation to continue negotiations of a benefit-sharing agreement.

Newcrest Mining Ltd. (TSX:NCM) announced in late 2021 its interest in acquiring Pretium Resources Inc. (TSX, NYSE:PVG) and the Brucejack gold mine. The First Nation, also referred to as the TSKLH Nation, had been in negotiations with Pretium regarding a benefit-sharing agreement.

But Pretium sent a notice shortly after Newcrest announced its interest in acquiring the company and the mine, saying it would be halting those negotiations pending the outcome of the acquisition, according to the TSKLH court filings.

After Pretium halted the negotiations, TSKLH wrote to the province’s chief executive assessment officer (CEAO), the office responsible for environmental assessments, along with the minister of Indigenous relations and reconciliation, the attorney general and the minister of energy, mines and low-carbon innovation, to “highlight the [provincial] regulatory authority over transfers of interest in the Brucejack mine project.”

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