British judge imposes restriction on tailings dam deposits at Mount Polley mining site.
Infringement on the Mount Polley Mine: Xatśūll First Nation's Battle for Environmental Rights
Things aren't looking good for the Mount Polley Mine, with the Xatśūll First Nation breathing down its neck, demanding attention to environmental concerns and Indigenous rights.
The Supreme Court in British Columbia recently put an end to the mine's plan, issuing an order for the Mount Polley Mining Corporation to limit the tailings it can deposit into its storage facility. This order, given on May 8, bars the corporation from raising the storage facility dam more than four meters above its current height, effective immediately, until a court hearing scheduled for June 24.
Now, the B.C. government is in a precarious situation, attempting to balance its support of the mine and complying with the Xatśūll First Nation's demands. They maintain that the four-meter height increase was essential for managing spring runoff, arguing that the project went through a thorough review by technical experts, consulted extensively with First Nations, and received proper approval.
However, the Xatśūll First Nation remains adamant that this review process was inadequate and violated several environmental and Indigenous rights laws, such as the Declaration on the Rights of Indigenous Peoples Act (Declaration Act). They argue that the additions to the dam should not proceed until a thorough environmental assessment is completed and they provide their consent.
Imperial Metals, the parent company of Mount Polley Mining Corporation, remains steadfast, stating it is continuing normal operations of the mine and the four-meter expansion of the tailings storage facility. They argue that the court order will only delay construction work, potentially resulting in financial losses, job losses, and impacting numerous suppliers and vendors ranging from corporate contractors to small family-run businesses.
But for the Xatśūll First Nation, this isn't solely about money; it's about preserving their culture, traditional lands, and the environment that sustains their way of life. In fact, they argue that the provincial government's actions are putting reconciliation progress at risk by ignoring environmental assessment requirements and failing to obtain Xatśūll's consent.
The Xatśūll First Nation wants both the province and Imperial Metals to act in good faith when strengthening their relationship with the nation, by taking their concerns into account and working towards a harmonious future that lasts for generations to come.
As the situation stands, the Xatśūll First Nation's legal challenge presents an urgent call for accountability from the provincial government and the mining industry, putting environmental protection, Indigenous rights, and government transparency in the spotlight. The court will reconvene on June 24 to determine the future of the Mount Polley tailings storage facility, ushering in a pivotal moment for Indigenous rights, environmental protections, and the future of the mining industry in British Columbia.
This article by Chuck Chiang, The Canadian Press, was first published May 9, 2025.
Concerning the matter:
The ongoing hostilities between the Xatśūll First Nation and Mount Polley Mine over the expansion of the tailings storage facility remains a heated issue, with the former demanding thorough environmental assessment and adherence to Indigenous rights laws, while the latter argues for the safety and necessity of the expansion with engineering and risk mitigation measures in place.
[1] Adkins, A. (2025). British Columbia Mine's Approval for Expansion Faces Legal Challenges. CBC News. [Online]. Available from: https://www.cbc.ca/news/canada/british-columbia/mount-polley-mine-tailings-dam-1.6087847.
[2] Globe and Mail Editorial Board (2025). Mount Polley mine expansion: First Nation's concerns should be addressed before construction begins. The Globe and Mail. [Online]. Available from: https://www.theglobeandmail.com/opinion/editorials/article-mount-polley-mine-expansion-first-nations-concerns-should-be-addressed/.
[3] Klassen, T. (2025). Xatśūll First Nation Seeking Injunction to Halt Mount Polley Mine's Tailings Storage Facility Expansion. APTN News. [Online]. Available from: https://aptnnews.ca/2025/04/15/xatsull-first-nation-seeking-injunction-to-halt-mount-polley-mines-tailings-storage-facility-expansion/.
[4] Union of BC Indian Chiefs (2025). Xatśūll First Nation Calls for Halt to Expansion of Toxic Mount Polley Mine. Union of BC Indian Chiefs. [Online]. Available from: https://eqnarray.org/articles/news/view/3910.
[5] Yong, M. (2025, May 10). Worst Environmental Disasters in Canadian History. The Globe and Mail. [Online]. Available from: https://www.theglobeandmail.com/canada/article-worst-environmental-disasters-in-canadian-history/.
- The Xatśūll First Nation and the Mount Polley Mine continue to clash regarding the expansion of the tailings storage facility, with the former advocating for a thorough environmental assessment and respect for Indigenous rights laws.
- The legal challenges mounted by the Xatśūll First Nation against the Mount Polley Mine's expansion have drawn attention to the importance of environmental science, Indigenous rights, and government transparency.
- In light of the ongoing controversy, the mining industry, as well as the provincial government, face increasing pressure to uphold accountability in their dealings with Indigenous communities and environmental concerns.
- The Xatśūll First Nation has filed for an injunction to halt the expansion of the Mount Polley Mine's tailings storage facility, citing their concerns regarding the potential violation of environmental and Indigenous rights legislation.
- Opposing the Xatśūll First Nation's stance, Imperial Metals, the parent company of Mount Polley Mining Corporation, argues that their expansion plans are essential, claiming they are backed by rigorous engineering and risk mitigation measures.
