Taseko Mines Limited (TSX: TKO; NYSE American: TGB) (“Taseko” or the “Company”) announces that The Government of British Columbia was successful in defending its First Nation’s consultation process in regards to Taseko’s New Prosperity Project.
The Supreme Court of British Columbia’s August 23, 2018 decision allows Taseko to proceed with investigative work at the New Prosperity site. This decision reaffirms Provincial Government authority over mine development in the Province and will be beneficial to the future of the New Prosperity Gold-Copper Project and also helpful to the mining industry, in general, in British Columbia.
“The court decision is unequivocal. The Government of British Columbia has the 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,” said Russell Hallbauer, President and CEO of Taseko Mines Limited.
“Last week’s decision provides important guidance to the evolving and often complex relationship between the constitutional rights of aboriginal people and the responsibilities, duties and obligations the Government has to its citizens and their resources,” added Mr. Hallbauer. “The court’s decision, and reasons for the decision, will be helpful to provincial and federal governments, especially statutory decision makers who carry the responsibility to authorize important resource development projects. These decision makers can now move ahead with their decisions knowing the extent, and the limits, of the duties they owe to resource developers and to aboriginal people alike.”
The work proposed by Taseko is investigative in nature and will gather hydrological data and other information required for the British Columbia Mines Act Permitting process. The information will also address many of the concerns expressed by the local aboriginal group (the Tsilhqot’in First Nation) during the federal environmental assessment, including outstanding questions relating to environmental protection and the New Prosperity water management plan.
As the judge noted in his decision, “In issuing the Second Federal Rejection, the Federal minister left the door open for additional efforts to justify approval, stating that the federal government “invites the submission of another proposal that addresses the Government’s concerns.” This alone undermines the petitioners’ suggestion that there was no purpose in doing further work unless the Second Federal Rejection was overturned. It is reasonable to infer that TML (Taseko) would wish to gather further data to address the federal government’s stated technical concerns, which would assist in any response TML makes to the federal government’s invitation.”
The judge added, “Based on the evidence presented to me, all parties and governments appear to be acting in good faith to advance what they each perceive to be the proper use for the land. But unfortunately good faith cannot always prevent disagreement. That is when courts must step in to help the parties move forward.”
Mr. Hallbauer continued, “Taseko is confident that with the further information gathered under this permit, we will have the additional scientific evidence needed to satisfy key elements of the federal government’s 2014 decision.”
Further noted in the judge’s decision: “TML’s tenure rights remain in place until at least 2035. As such, barring further developments, TML will remain entitled to take steps to seek approval to build a mine for many more years, whether or not the present version of the Redesigned Project is rejected.”
Mr. Hallbauer concluded, “As a Company, Taseko has always been committed to engaging with all levels of government, local, Provincial, Federal and First Nations, with the express goal of finding a path forward for our project in a manner that supports the court’s decision. We look forward to advancing these discussions in the weeks and months ahead.”
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