Court upholds Tulsequah mine approval

On November 18, the Supreme Court of Canada released its decision on the adequacy of aboriginal consultation for the Tulsequah mine project, 100% owned by Vancouver-based Redfern Resources Ltd. The decision results from the province of British Columbia’s appeal of a 2002 ruling of the BC Court of Appeal, which found fault with the adequacy of the Crown’s aboriginal consultation in respect of the original 1998 project approval.

The decision clarifies the obligations of the government and developers in respect of land use decisions in areas where First Nations have asserted aboriginal rights and title. While the decision makes it clear that First Nations do not have veto rights over proposed developments, they must be consulted and their interests considered and accommodated. Those interests must be given weight in the land-use decision in question but also balanced with other societal interests.

The Supreme Court of Canada ruled unanimously that Redfern and the Crown met their consultation obligations in respect of the mine project to date and, have accommodated the interests of the Taku River Tlingit First Nation. This ruling should have repercussions on other companies and First Nations engaged in discussions about natural resource developments.