Xatśūll First Nation is filing an injunction to prevent Mount Polley Mining Corporation from going ahead with construction to expand the tailings dam until a judicial review of the permit which allows for this construction is complete.
“Xatśūll provided Mount Polley the opportunity to voluntarily hold off on construction until the Court could decide the injunction request,” wrote the First Nation in an April 25 press release.
When the nation first filed its judicial review on April 15, it warned an injunction would be filed.
“On April 23, 2025, Brian Kynoch, the President of Imperial Metals, the parent company of the Mount Polley Mining Corporation, responded and informed Xatśūll that Mount Polley would not be agreeing to hold off on construction and that construction had already begun,” the nation wrote. Black Press Media has reached out to Mount Polley to confirm this but has not had a response in time for publication.
Xatśūll filed its judicial review to ask the Supreme Court to overturn the permits allowing for the raise of the tailings dam because the permit was given without first conducting an environmental assessment process.
Mount Polley was the site of a 2014 tailings breach which led to 25 million cubic metres of water, tailings and debris to flood into Quesnel Lake, devastating Xatśūll's territory can continuing to impact their rights, culture and way of life to this day.
Fifteen charges were approved in December 2024, 10 years following the dam failure, including offences under the Fisheries Act with fines ranging from $500,000 and $6,000,000.
Black Press has contacted the Environmental Assessment Office but they cannot comment on matters which are before the courts.
With files from Monica Lamb-Yorski and Austin Kelly.
