BC Union of Indian Chiefs' Denounces Dismissal of Xatśūll First Nation’s Legal Challenge on Mount Polley Mine Expansion

Courtesy of the BC Union of Indian Chiefs:

August 7, 2025 

The Union of B.C. Indian Chiefs (UBCIC) is deeply disappointed in the B.C. Supreme Court’s decision to dismiss Xatśūll First Nation’s injunction and judicial review regarding the Mount Polley Mine tailings storage expansion.

The tailings facility in question catastrophically failed in 2014, releasing over 24 million cubic metres of mine waste into Xatśūll territory in what remains the worst mining disaster in Canadian history. More than a decade later, the community continues to endure the long-term impacts on their rights, culture, and way of life.

"This ruling is a profound blow to Indigenous rights and environmental justice, said Grand Chief Stewart Phillip, UBCIC President. “Last week's decision sadly advances a ‘business as usual’ approach to consultation, an approach that B.C. First Nations have long asserted is fundamentally broken and does not uphold our inherent and constitutionally protected title and rights."

The Court’s decision raises serious concerns about the precedent being set for future resource development projects, particularly when the risks to First Nations’ territories are high and the legacy of harm is ongoing.

UBCIC is calling on the Province of British Columbia to immediately clarify how it is interpreting and implementing "meaningful consultation" and "consent-based decision-making" under the Declaration on the Rights of Indigenous Peoples Act (Declaration Act). These questions are especially urgent following the recent passage of the controversial Bills 14 and 15, which advanced despite clear and widespread opposition from First Nations, environmental organizations, municipalities, industry leaders, and all opposition MLAs across party lines.

"We are at a critical juncture," said Chief Don Tom, UBCIC Vice-President. "If the Declaration Act is truly meaningful, the Province must demonstrate that it is more than symbolic. Decisions like this show the gap between promises and practice."

UBCIC stands in full solidarity with Xatśūll First Nation as they continue to defend their lands, rights, and future generations. We will continue to support efforts to seek justice and demand accountability from the Crown and industry alike.