The staff at RAVEN are thrilled to hear that the Tŝilhqot’in Nation has signed the Teẑtan Biny Gagaghut’i Agreement with the Province of B.C. and Taseko Mines Ltd. (Taseko). The agreement prevents mineral exploration at Teẑtan Biny, a lake with spiritual and cultural significance, without the Tŝilhqot’in Nation’s consent. The agreement, resulting from this decades-long resistance to mining around Teẑtan Biny, is such an incredible and important victory that will have ripple effects in the movement for Indigenous justice and sovereignty.
RAVEN supported the Tŝilhqot’in Nation in opposing Taseko since 2013, including an application for an injunction to prevent exploratory mining activities at Teẑtan Biny in 2019. Together with our supporters, we provided over $450,000 towards access to justice that contributed to Tŝilhqot’in Nation’s new tripartite agreement with Taseko and B.C.Carly Eldstrom, Director of Development for RAVEN, says, “We know that when First Nations take their rights to court, they win. Indigenous Peoples have the right to free, prior, and informed consent for the way their lands and waters are used, which includes protection of cultural sites like Teẑtan Biny.”
History
Teẑtan Biny, which encompasses around 300,000 square hectares, has been subject to mining since 1963, with Taseko Mines Ltd. restaking lapsed claims in 1966. Several mining companies commenced early exploration work over the next three decades, discovering large deposits of gold and copper in the claim area. In 1993, Taseko began the mine permitting process under provincial legislation. Pre-feasibility studies and exploratory drilling commenced over the next 15 years until the New Prosperity mine was proposed to the provincial and federal governments in 2008.
The proposed mine was going to have significant impacts on Teẑtan Biny. It was estimated that 481 million tonnes of gold and 350 million tonnes of copper were to be extracted from the New Prosperity mine. The mine would have completely drained Teẑtan Biny, replacing it with a massive tailings pond. B.C. approved the project while the federal government rejected it, saying it would cause “significant adverse environmental effects.”
Taseko went back to the drawing board. In 2011, they proposed a new mine that didn’t drain Teẑtan Biny to turn it into a tailings pond. They simultaneously filed a defamation claim against our friends at the Wilderness Committee the following year, doubling down on pushing through the mine without resistance. (Taseko ultimately lost the case against the Wilderness Committee in 2017). The federal government rejected the mine again, with Taseko Mines pursuing two different judicial reviews to try to reverse the decision.
Meanwhile, the Tŝilhqot’in Nation was making history. In 2014, the Tŝilhqot’in Nation reasserted their inherent right to Aboriginal title of their traditional lands under common law in Canada. This was the first time any First Nation had proven title through the courts. Securing Aboriginal title gives the Tŝilhqot’in Nation the right to consent over industrial activities on their territory.
The Tŝilhqot’in Nation’s title area doesn’t include Teẑtan Biny, but the Nation has the legal right to hunt, fish, trap, and harvest at the culturally-significant lake. Additionally, they declared a large area surrounding, including Teẑtan Biny, to be the Dasiqox Tribal Park in 2015, protecting it under their management system.
Taseko kept pushing for the New Prosperity mine to be built. The mining company entrenched themselves in several legal challenges to try to push through the $1.5 billion project, mostly against the federal government. Two judicial reviews failed to reverse the federal government’s decision. However, the province was much more favourable to Taseko, granting them a five-year extension on their permit in 2015, and later a three-year exploration permit when the Tŝilhqot’in Nation was dealing with an evacuation order from severe wildfires in 2017.
The Tŝilhqot’in Nation was furious about this decision by the B.C. government. Exploration may not seem like much, but it gave Taseko the right to have a 50-person mancamp on the Tŝilhqot’in Nation’s territory for building roads and trails, excavating test pits, and building seismic lines around Teẑtan Biny. To have the threat of Teẑtan Biny dug up for exploration was deeply concerning to the Nation. They set up a blockade to make sure Taseko didn’t go into Teẑtan Biny, which caused the mining company to retreat in 2019.
An interlocutory injunction was filed by the Tŝilhqot’in Nation to stop exploratory mining activities at Teẑtan Biny, which was brought to the B.C. Supreme Court alongside an injunction filed by Taseko to take the blockade down so they could conduct exploratory work at the lake. The Tŝilhqot’in Nation was granted its injunction while Taseko’s was dismissed. In the decision, the judge said at para 131 that, “While there are important public interest issues on both sides, the imperative of reconciliation, an element of which is the ability to pursue infringement actions, is such that the balance of convenience is in the Tŝilhqot’in’s favour.”
In 2020, the Supreme Court of Canada denied Taseko’s leave to appeal the decision to reject the mine, ending the project once and for all. Joe Alphonse, Tribal Chairman for the Tŝilhqot’in Nation at the time, said, “We are celebrating the Supreme Court of Canada’s decision today, and taking the time to reflect on the immense sacrifices made by our communities and members to finally have their voices heard and respected.”
Teẑtan Biny Gagaghut’i Agreement
The Teẑtan Biny Gagaghut’i Agreement is huge for the Tŝilhqot’in Nation to be able to exercise their right to manage the land and water of Teẑtan Biny. No mining or mineral exploration can occur around Teẑtan Biny without the consent of the Tŝilhqot’in Nation.
If the Tŝilhqot’in Nation consents to any mining activity, 22.5% equity interest will be put into a trust account for the Nation to access for the community. This aspect of the agreement is a sign of economic reconciliation that provides funding for the Tŝilhqot’in Nation, honouring their self-determination and sovereignty.
The new tripartite agreement between the Tŝilhqot’in Nation, Taseko, and B.C. also signals that respecting Indigenous sovereignty is best for everyone. Companies across all resource sectors have long criticized legislation that recognizes Indigenous sovereignty, such as B.C.’s Declaration on the Rights of Indigenous Peoples Act (UNDRIP) and consent. Yet, when sovereignty is respected, we see Indigenous Nations being able to guide industry and government to protect spiritual, cultural, and biodiverse lands and waters while balancing the economic and development needs of the Nation and society more broadly.
The deep wound caused by Taseko and B.C.’s actions regarding the New Prosperity mine has now been turned into a solution that will benefit everyone, thanks to the incredible leadership of the Tŝilhqot’in Nation. Scars will remain, but with the Tŝilhqot’in Nation in the driver seat for managing the land and waters of Teẑtan Biny, we can rest assured that the culturally and spiritually significant lake will be managed for natural abundance while responding to mineral demands and sustainable economic development for the Nation.
Nits’ilʔin (Chief) Roger William sums it up well by saying: “… For over three decades, we’ve had conflict in the Teẑtan area. For my oldest son, for many Tŝilhqot’in, that conflict has always been there, for their entire lives. Now we are turning the page. Tŝilhqot’in consent is protected: there is no longer the threat of exploration or mining without our consent. I hold my hands up to everyone that worked hard over the past five years to achieve this historic agreement that reflects true reconciliation, including the Province and Taseko Mines Limited. This is a time to celebrate for our people and honour all those who made this resolution possible.”