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.

First Nations Leadership Council & UBCM both call for withdrawal of Bill 15

Courtesy of the BC Union of Indian Chiefs:

The First Nations Leadership Council (FNLC) and its member organizations joined with the Union of BC Municipalities (UBCM) today to call on the Province to withdraw Bill 15 – the Infrastructure Projects Act.

If passed into law, Bill 15 would give greater powers to Cabinet to expedite the approval of projects it deems to be “provincially significant”. First Nations and local governments have expressed concern with the lack of consultation prior to the legislation being drafted. First Nations leaders have also highlighted the Province’s failure to fulfill its constitutional, legislative, and environmental obligations and commitments, including those under the Declaration on the Rights of Indigenous Peoples Act, the Interim Approach on the Alignment of Laws, and the UN Declaration on the Rights of Indigenous Peoples.

First Nations Chiefs and leadership recently met with Premier Eby to express their collective opposition to Bill 15 which has the potential to greatly impact First Nations’ inherent and Aboriginal rights, title, and jurisdiction. Local governments also met with Infrastructure Minister Bowinn Ma and have expressed concern that Bill 15 would provide Cabinet with extraordinary powers to override local regulations, including local government Official Community Plans, zoning bylaw amendments and subdivision approval processes.

Bill 15 has passed second reading and moved to Committee last week, slated for completion of Committee and a third reading in the legislature next week before final vote

UBCM President Trish Mandewo stated:

“The provisions in Bill 15 constitute an unnecessary over reach by the Province into local decision making. Local governments welcome provincial efforts to expedite project development, but not through transferring power from communities to Victoria. If the goal is to reduce the regulatory burden on major projects, local governments are more than willing to work with the province to improve the system – let’s work together. It’s time for the Province to withdraw Bill 15 and find a new path forward”

While Grand Chief Stewart Phillip, President, Union of BC Indian Chiefs said:

"It is time for the Eby government to action their commitments to reconciliation and uphold their own laws and processes. Despite repeated earnest efforts to reason with Premier Eby, Minister Ma, and others within the Province, the Province continues to stubbornly advance Bills 14 and 15 regardless of the political and relational costs. First Nations are not opposed to responsible development, and we understand the need to expedite the approval and construction of hospitals, schools, and other critical infrastructure. But Bills 14 and 15 go well beyond that, and the process that led to their development flouted First Nations’ basic human rights and the Province’s own law, policy, and processes. There’s only one way forward: the Province must withdraw the bills as currently drafted, and we must work on principled solutions to the myriad of crises we face together.”