Tsetsaut Skii km Lax Ha Nation Issues Calls to Action on KSM Mine
As Canadians prepare to recognize the National Day for Truth and Reconciliation, the B.C. Supreme Court-ordered consultation period between the Province of B.C. and the Tsetsaut Skii km Lax Ha Nation (TSKLH) on Seabridge Gold's (TSX:SEA, NYSE:SA) KSM mine enters a key phase, where the concerns TSKLH shared with the Province will be discussed in detail. TSKLH is sharing their key Calls to Action on the project, which plans to impose a 52-storey-deep, nine-kilometre-long, toxic waste tailings facility for one of the world’s largest gold mines on TSKLH’s traditional territory, near pristine waterways on which the Nation and wildlife rely.
HAZELTON, B.C. – As Canadians prepare to recognize the National Day for Truth and Reconciliation, the B.C. Supreme Court-ordered consultation period between the Province of B.C. and the Tsetsaut Skii km Lax Ha Nation (TSKLH) on Seabridge Gold's (TSX:SEA, NYSE:SA) KSM mine enters a key phase, where the concerns TSKLH shared with the Province will be discussed in detail. TSKLH is sharing their key Calls to Action on the project, which plans to impose a 52-storey-deep, nine-kilometre-long, toxic waste tailings facility for one of the world’s largest gold mines on TSKLH’s traditional territory, near pristine waterways on which the Nation and wildlife rely.
“In the spirit of Truth and Reconciliation Day, we call on the Province to uphold its commitment to the Commission’s Calls to Action and the B.C. Supreme Court’s order that it rectify the inadequate consultation with TSKLH over our environmental and other concerns about KSM, and act on our Calls to Action,” said Chief Darlene Simpson of Tsetsaut Skii km Lax Ha. “Consultation means more than allowing us to speak. It means acting on our concerns as stewards of the land.”
TSKLH’s Calls to Action reflect the Truth and Reconciliation Commission’s 92nd Call to Action, which calls on the corporate sector to adopt the United Nations Declaration on the Rights of Indigenous Peoples, including meaningful consultation, building respectful relationships and obtaining free, prior and informed consent before proceeding with economic projects, as well as ensuring Indigenous communities are sustainably included in benefits.
“Both the ore body they plan to mine and the toxic waste dump are on our exclusive territory. Yet, for years, TSKLH was marginalized and our environmental concerns were ignored,” said Chief Simpson. “The Province has tried to use the fact it allowed Seabridge to keep building KSM unabated while it ignored us as the reason to continue to minimize our voice.
“Despite warnings resulting from other mines’ tailings failures, they tell us a toxic waste dump that will stay on our land forever is safe, while we and nature take all the risk. They tell us we have no choice in where the toxic waste facility is built. No money will truly be able to repair what could be lost, but at minimum, we call on them to put their money where their mouth is by establishing a robust fund to pay for remediation and penalties if they’re wrong. The risk isn’t just to us today. It impacts generations to come.”
The Nation’s legal counsel Ryan Beaton said, “We hope these specific Calls to Action will guide the Province’s and Seabridge’s engagement in the consultation required by the court. Based on the communications we have had from the Province to date, and assurances we have seen the Province continue to give Seabridge, we are concerned the Province intends to do as little as possible in actioning TSKLH’s concerns. If in fact the waste facility is as safe as they say it is, TSKLH’s Calls to Action should be easy for the Province to say yes to.”
A summary of TSKLH’s Calls to Action is below.
financially Back up B.C. & Seabridge’s Claims the TAILINGS Facility is safe
Establish a fund sufficient to:
- Respond to, mitigate and fully restore environmental damage from mine activities, including leaks, seepage or catastrophic failure of the tailings facility.
- Cover 100% of mine closure, reclamation and perpetual water treatment costs.
- Pay penalties to the Nation for damage to its territory and cultural, harvesting and food security losses.
To be established before mining operations begin and to remain in place for as long as tailings or other waste remain in TSKLH territory. Bonded in cash or irrevocable instruments, the fund amount is to be determined by a Nation-approved estimator, reviewed every three years and adjusted for inflation.
Seabridge assures TSKLH the toxic waste wet tailings facility is safe. At 28 times the size of Mount Polley’s tailings facility, capable of holding 2.3 billion tons of acid-generating sulphide waste, it could cause unparalleled devastation if it also fails.
If the Province and Seabridge are so sure TSKLH territory will not be harmed, we call on them to put their money where their mouth is.
If in fact they are certain the toxic tailings materials will remain contained, this call should not be a concern, as the response fund will not be used.
Provide a guarantee that no waste materials from KSM will escape into the surrounding environment.
- Zero tolerance for mine byproducts escaping into the land and waterways TSKLH and wildlife rely on for food or life.
- Any failure will trigger remediation and penalty payments from the fund above, with remediation overseen by a Nation-appointed expert.
Provide separate funding for Nation-appointed environmental monitors.
- Monitors with sampling authority, document access and the right to require prompt action, including halting or altering mine activity involving the tailings facility if necessary to promptly address issues.
respect TSKLH’s Territorial Status in All future actions on our territory
From this point forward, the Province and Seabridge must work with TSKLH in line with the results of the Province’s multi-year study that recognizes “all evidence suggests” the toxic waste facility falls within TSKLH’s exclusive traditional territory.
- A pause on issuing any new permits or approvals in TSKLH territory until a TSKLH-approved land use plan is in place.
The Province’s own study confirmed what TSKLH has been telling them about their territory. Now this has been recognized, reconciliation requires they act in good faith, with appropriate consultation and response going forward.
If the tailings facility must remain on TSKLH territory, include TSKLH in the Province’s and Seabridge’s benefits, in line with the multi-generational impact and risks to its lands and waterways.
The imposition of the toxic waste facility for one of the world’s largest gold mines on its territory forces TSKLH to bear the largest negative impact and risk of environmental destruction by a profound margin, to enrich others. If the tailings facility remains on TSKLH territory, the Nation must be reasonably included in the mine’s proceeds.
The Tsetsaut Skii km Lax Ha Nation are descendants of the Laxwiiyip Tsetsaut, an independent self-governing people who occupied Tsetsaut Skii km Lax Ha territory at the time the British Crown asserted sovereignty in the region. Visit tsklhnation.ca.