Friday, May 11, 2012

Prosperity Mine: The More Things Change



Ten Reasons Why *New* Prosperity Mine Proposal Is Not Acceptable


1. CEAA Panel Found Immitigable Impacts on Fish
The CEAA review panel process was very different from the BC EAO rubber-stamp decision. Its report found immitigable, devastating impacts to the local fish stocks and endangered grizzly populations, and to the existing and future rights of the Tsilhqot’in and its youth. Then Environment Minister Jim Prentice described the report’s findings as “scathing” and“probably the most condemning I have ever read.” 

2. "New" Option Worse Than Original
The company knows its new option is worse than its first plan. TML’s V.P. Corporate Affairs, Brian Battison, was clear in his Mar. 22, 2010, opening presentation to the CEAA hearings, when he stated:“Developing Prosperity means draining Fish Lake.  We wish it were otherwise.  We searched hard for a different way. A way to retain the lake and have the mine.  But there is no viable alternative.  The lake and the deposit sit side by side.  It is not possible to have one without the loss of the other.”

3. Water Quality in Fish Lake Will Share With Tailings Pond
The point was emphasised by TML’s VP of engineering, Scott Jones, who stated: “What happens to the water quality in Fish Lake, if you try and preserve that body of water with the tailings facility right up against it, is that over time the water quality in Fish Lake will become equivalent to the water quality in the pore water of the tailings facility, particularly when it’s close.”  

4. Toxic Wastes Will Kill Fish Lake
This proposal does not address the issues that led to the rejection of the first bid last year. Fish Lake will be affected by the toxic waste and eventually die, and it will be surrounded by a massive open pit mine and related infrastructure for decades.  The Tsilhqot’in people will not have access to their spiritual place, and the area will never be returned to the current pristine state.

It is not even new. It is “Mine Development Plan 2.”  TML states on page 20 of its project submission:“Option 2 is the basis for the New Prosperity design …The concepts that lead to the configuration of MDP Option 2 have been utilized to develop the project description currently being proposed.”

5. The Panel Has Already Rejected This Taseko Mines Proposal
This option was looked at and rejected last year by the company, Environment Canada and the CEAA review panel. For example, page 65 of the review report states:  “The Panel agrees with the observations made by Taseko and Environment Canada that Mine Development Plans 1 and 2 would result in greater long-term environmental risk than the preferred alternative.”

6. Review Panel Agrees New Proposal Worse For Environment
The new $300 million in proposed spending is to cover the costs of relocating mine waste a little further away. There is nothing in the ‘new’ plan to mitigate all the environmental impacts identified in the previous assessment. TML states in its economic statement: “The new development design, predicated on higher long term prices for both copper and gold, would result in a direct increase in capital costs of $200 million to purchase additional mining equipment to relocate the tailings dam and to move the mine waste around Fish Lake to new locations. This redesign also adds $100 million in direct extra operating costs over the 20-year mine life to accomplish that task.” In fact, this new spending is actually $37 million less than the company said last year it would have to spend just to go with the option that it and the review panel agreed would be worse for the environment.

7. Federal Government Would Be Disregarding Constitution 
The federal government is required under the Constitution to protect First Nations, which have been found to be under serious threat in this case, and is internationally committed to do so under the United Nations Declaration on the Rights of Indigenous Peoples. These duties are every bit as clear regarding this resubmitted proposal.

 8. Taseko Mines Would Be Proving Environmental Assessment Meaningless 
Approving this mine would show the Environmental Assessment process is meaningless, and would demonstrate that governments are ignoring their obligations -  as the Assembly of First Nations  national chiefs-in-assembly made this crystal clear this summer in their resolution of support for the Tsilhqot’in.

9. DFO Has Already Rejected Project Numerous Times 
The federal Department of Fisheries and Oceans has opposed this project since it was first raised in 1995. It soundly rejected it again last year. It has no reason to support it now. Nor does Environment Canada, which, as the CEAA report noted last year, also found option 2 to be worse than the original bid.

10. Plenty of Non-Fish Mine Proposals In The Stream Already 
There are many other more worthy projects to be pursued – the vast majority of which, if not all will require working with aboriginal communities. Natural Resources Canada estimates there is $350 billion-$500 billion worth of such potential projects in Canada.  Governments, industry and investors do not need to go backwards by pushing this confrontational proposal and rebuffing efforts by First Nations to find a way to create a better mining system that would benefit everyone in the long run.

JP Laplante, B.Sc., B.I.T.
Mining, Oil and Gas Manager
Tsilhqot’in National Government
253 Fourth Avenue North
Williams Lake BC V2G 4T4
Tel: 250-392-3918 (If Unanswered, Press 3, then 9)
Toll Free: 1-877-512-2674



Thanks JP!


Will New Prosperity Review Panel Retain Credibility?

Below is TNG's latest press release about the new Prosperity Review Panel
 
Description: TNGILHQOT’IN NATIONAL GOVERNMENT
253 – 4th Avenue North Williams Lake, BC V2G 4T4 Phone (250) 392-3918 Fax (250) 398-5798




Tsilhqot’in confident that new Panel’s work will result in rejection of “New” Prosperity Mine


Tsilhqot’in Territory, May 11, 2012:  The Tsilhqot’in Nation today reaffirms its position to the newly appointed “New” Prosperity Review Panel that the mine cannot be approved and that the entire credibility of Canada’s environmental assessment process hangs in the balance.  This version of the mine was already reviewed and rejected by the previous Panel, then called “Mine Development Plan #2”, because Environment Canada and the company itself testified that it posed a higher environmental risk than the previous plan and would likely contaminate Teztan Biny (Fish Lake) over time.  The mine design does not solve any of the significant impacts found by the previous Panel.

“Although the government did not appoint a First Nations member to the Panel, we recognize that three professionals have been appointed. We are confident that upon scrutiny, that the work undertaken by this new panel will completely confirmthe previous panel’s findings that this alternative version of the mine poses even greater environmental risk,” said Tsilhqot’in National Government Tribal Chair Chief Joe Alphonse, “And will mean the same devastating impacts for our culture and our Tsilhqot’in way of life”.

“We trust This Panel will undoubtedly come to understand what it would mean for our culture to have a sacred place destroyed,” said Chief Marilyn Baptiste of the Xeni Gwet’in First Nation.  “Yanah Biny and Nabas – where we have homes and graves – are still threatened.  Teztan Biny would be surrounded and contaminated by one of Canada’s biggest open-pit mining operations.”

Chief Alphonse: “The Tsilhqot’in have already proven our Aboriginal rights to this area in one of Canada’s longest court battles.  We won’t back down.  No government can stop us from reflecting on who we are and the importance that this area has for us – this isn’t residential school.”

Chief Baptiste:  “We are fighting for our cultural survival.  We see this as a major environmental threat to the headwaters of the Taseko Lake and River systems.  At stake is the wellbeing of one of British Columbia’s salmon runs.  The Tsilhqot’in have protected our headwaters and salmon for generations and we won’t stop now.  Keeping our waters clean and salmon safe is for everybody, not just the Tsilhqot’in.”

 The United Nations Declaration on the Rights of Indigenous Peoples requires States to consult and cooperate in good faith with indigenous peoples in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories.  We expect nothing less as this proposal is a potential extinguishment of our Aboriginal Rights to hunt, trap and fish in a sensitive area at the headwaters of the Taseko River.


Media Contacts: Chief Marilyn Baptiste: 250-267-1401 or 250-394-7023    Chief Joe Alphonse: 250-305-8282 or 250-394-4212
Attachment: Ten facts that show why Prosperity Mine proposal cannot be approved



Description: TNGILHQOT’IN NATIONAL GOVERNMENT
253 – 4th Avenue North Williams Lake, BC V2G 4T4 Phone (250) 392-3918 Fax (250) 398-5798



Wednesday, May 2, 2012

First Nations Too New Age For Taseko Mines?

Taseko Mines Claims Prayer 'Taints' Review Process

Taseko Mines president Russell Hallbauer is getting desperate. He now claims that it's not fair that First Nations get to pray and perform traditional ceremonies at mining review panels. Talk about a clash of cultures!

Mr. Hallbauer makes a lot of money promoting mines. In 2009 he made $2.255 million providing "management and administrative services" to a number of different mines, including Taseko:

Compensation for 2009
Salary$450,000.00
Bonus$0.00
Restricted stock awards$0.00
All other compensation$0.00
Option awards $$1,356,550.00
Non-equity incentive plan compensation$225,000.00
Change in pension value and nonqualified deferred compensation earnings$223,960.00
Total Compensation$2,255,510.00
Source: Forbes.com 

Hallbauer is playing the underdog card to the Federal Government which, by the way, is moving to strip federal environmental legislation that currently gets in the way of economic progress:
In a letter to federal environment minister Peter Kent, Taseko president Russell Hallbauer complained last November that the “fairness and objectivity” of that the first panel review was tainted by allowing a first nations activist to sit on the panel.
The panel gave “priority status to the interests and perspectives” of first nations by allowing aboriginal prayer ceremonies at the opening of the hearings, he wrote. And science was given short shrift when the panel allowed a group of kindergarten children to present a play “in which the children wore fish cut-outs on their heads, moved around the floor, and then all fall over simultaneously, symbolizing the death of the fish.”   Globe and Mail

Just Trying to Be Helpful

Taseko Mines president Hallbauer made other helpful suggestions as well, including:
  • No more aboriginal members on review panels
  • No drumming or aboriginal prayer ceremonies
  • Spirituality of a place is not an aboriginal right
Hallbauer felt that allowing First Nations to be on panels, drum and be spiritual is just not cricket, and that they had the "effect of giving priority status to the interests and perspectives [of] aboriginal people".


That makes me wonder, if the people of Kamloops stood up and objected the proposed open pit just south of the city, would it be unfair to let them speak at a panel hearing in case it gave their perspectives a priority status?

I thought that was the point of speaking at the hearing, to have your voice heard. This is a democracy and the panel hearings are part of the democratic process. 

Folks who live close to a proposed mine site will obviously feel different effects (effects: acid mine drainage, toxic dust, constant noise, death of a lake, loss of a spiritual place) than the folks who own the mineral claim (effects: maintain membership in Shaughnessy Golf and Country Club and summer home in Gulf Islands).

My view is that aboriginal rights and environmental protection are two basic tenets of Canadian society. The Tsilhqot'in have every right to bring their views to the table and their rights and title to the land do indeed trump the rights of other players.

Not only that, as Stephen Harper drops environmental legislation like a hot potato and David Suzuki is branded a foreign-backed terrorist, First Nations effectively become the only capable protectors of the environment.

You don't have to be rich to be powerful!

Tuesday, May 1, 2012

Taseko Moves to Limit First Nations Participation



Description: TNGILHQOT’IN NATIONAL GOVERNMENT
253 – 4th Avenue North Williams Lake, BC V2G 4T4 Phone (250) 392-3918 Fax (250) 398-5798



TML slammed for offensive attack on Aboriginal participation in Prosperity Mine review

Tsilhqot’in Territory, May 1, 2012: A deeply offensive letter from Taseko Mines Ltd (TML) to the Harper government, urging Environment Minister Kent to impose new limits on First Nations participation and remove key Aboriginal concerns from the review of its rebid Prosperity Mine proposal, raises fears that the company’s lobbying could reduce the federal review to a version of British Columbia’s weak “rubberstamp” process that approved TML’s first, discredited bid.

In a recently obtained Nov. 23, 2011 letter to Minister Kent, TML President and CEO Russell Hallbauer urges Minister Kent to:

·         Prohibit Aboriginal prayers or ceremonies at the start of Panel hearings – even though this is a matter of basic respect by governments and tribunals when engaging with First Nations;

·         Impose new limits on our communities’ ability to expressing their views, including those of our youth, whose future is at stake, and by banning videos and other commentaries; and

·         Prevent the Panel from considering the spiritual importance of the area to the Tsilhqot’in people, even though this is central to our culture.

The profound spiritual importance of this area to the Tsilhqot’in people was a significant factor in the decision of the federal panel that reviewed the original Prosperity Mine proposal.  That proposal was soundly rejected by the Federal Government in November 2010, in part based on permanent, high magnitude impacts on Tsilhqot’in culture and cultural heritage.

“This is a black eye to the mining industry and we hope it is not one it would endorse, but we are not surprised that Mr. Hallbauer would write such an offensive letter,” said Chief Alphonse. “We have warned over and over again that this company does not understand or respect First Nations or our issues.  This letter proves, once again, that this is the wrong project, in the wrong place, by the wrong company.”

Mr. Hallbauer’s letter underscores concerns raised earlier by TML’s campaign to prevent the new Panel from deciding the significance of impacts on Aboriginal rights.  The previous Panel concluded that the original Project would have significant impacts on Tsilhqot’in Aboriginal rights.

First Nations are alarmed that the draft Terms of Reference for the new Panel, which are expected to be finalized any day, would drastically reduce or even remove the new Panel’s mandate to consider impacts on Aboriginal rights.    

Chief Alphonse added: “What concerns us is this letter is part of a major lobbying campaign by TML, which had three lobbyists registered in Ottawa on this file. The failure of CEAA or the government to assure us the rules of the game are not going to be changed for this second review – which should never have been granted in the first place – obviously makes us wonder if we should be worried that the fix is in.”

Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs, stated "First Nations were deeply alarmed by the Harper Government's recent announcement to eviscerate the federal Environmental Assessment process as part of their Responsible Resource Development Plan. If the draft Terms of Reference for the new Panel, which are expected to be finalized any day, drastically reduce or even remove the new Panel’s mandate to consider impacts on Aboriginal rights, it will result in greater uncertainty and intensified conflict on the land."

Chief Baptiste said: “Mr. Harper’s government lived up to its responsibility to the environment  and its constitutional duty to protect First Nations rights by rejecting the first bid in 2010 and it surely has no choice but to do so again. However, it did take the unprecedented step of allowing this second kick at the can for TML, even though the new option was described by the first review panel, TML itself, and Environment Canada as posing even greater environmental risk than the original plan.

“Add to this the fact that the government is pushing through sweeping changes to the EA process in general, to theFisheries Act, and now we have this letter from TML, and yes, we are concerned,” said Chief Baptiste, “But this letter shows what we are up against.  We will not be silenced and we will not back down.  This government endorsed the United Nations Declaration on the Rights of Indigenous Peoples, and we know that all of Canada is watching what happens here”.

Link to Letter from Taseko Mines Ltd. to Minister Peter Kent: 

Media contacts:
Chief Joe Alphonse – 250-305-8282 or 250-394-4212
Grand Chief Stewart Phillip – 250-490-5314
Chief Marilyn Baptiste – 250-267-1401 (after 12 noon, Pacific)