First Nation Challenges B.C.’s Approval to Raise Mount Polley Mine Dam Over Environmental Concerns
A First Nation in British Columbia has officially launched a legal challenge against the provincial government’s decision to approve an expansion of the Mount Polley mine dam—a move they say disregards environmental risks and undermines Indigenous consultation rights.
The legal filing, made by the Xatśūll First Nation (formerly Soda Creek Indian Band), contests British Columbia’s approval for Imperial Metals to raise the height of its tailings dam at the Mount Polley mine, the site of one of Canada’s worst mining disasters in 2014. The catastrophic breach released millions of cubic meters of mine waste into nearby waterways, sparking national outrage and long-lasting environmental damage.
Chief Sheri Sellars of the Xatśūll First Nation expressed deep concern over the province’s decision, stating that the community was not properly consulted and that the approval process failed to respect Indigenous title and stewardship responsibilities. “Our people still live with the consequences of the 2014 disaster,” said Sellars. “To approve an expansion without full and informed consent from our Nation is a violation of our rights and an unacceptable risk to the land and water we’ve protected for generations.”
The First Nation’s legal petition argues that the decision breaches the province’s duty to consult and accommodate under Section 35 of the Constitution, as well as B.C.’s own Declaration on the Rights of Indigenous Peoples Act (DRIPA). It calls for the reversal of the dam height approval until full consultation is completed and environmental risks are thoroughly addressed.
The Mount Polley mine, located near Quesnel Lake in central B.C., resumed operations in recent years after significant repairs and a revised tailings management plan. Imperial Metals has stated that the dam expansion is necessary to extend the mine’s life and ensure safe containment of waste. The company insists it has followed all regulatory requirements and engaged in consultation with local Indigenous groups.
However, environmental advocates and legal experts have sided with Xatśūll’s concerns, warning that the province’s regulatory system still lacks adequate oversight, especially when it comes to mining projects in sensitive ecosystems. “This is not just a legal issue—it’s a question of whether B.C. is truly committed to reconciliation and environmental sustainability,” said a representative from the West Coast Environmental Law Association.
The case could have broader implications for resource development in British Columbia, particularly in how Indigenous rights are weighed in environmental decision-making. It will also test the strength of DRIPA, which was enacted to align provincial laws with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
The B.C. Ministry of Energy, Mines and Low Carbon Innovation has not yet commented publicly on the legal challenge but previously defended its decision, stating that all environmental assessments were conducted appropriately and that mitigation strategies are in place.
As the legal battle unfolds, Xatśūll First Nation says it will continue to assert its rights and advocate for the protection of its traditional territories. “We’re not opposed to development,” Chief Sellars said. “But it must be done in a way that respects our voices, our laws, and the land we all depend on.”
Source : The Canadian Press
