Court fight over Taseko Mines prompts duelling injunction requests

VANCOUVER - An angry dispute over a proposed massive gold and copper mine in B.C.'s central Interior has set off duelling requests for court injunctions against the opponents.

But the chief of the Tsilhoqot'in First Nation said Monday the court process may only be the spark that ignites a much larger confrontation against the New Prosperity Mine.

Taseko Mines (TSX:TKO) wants an injunction and enforcement order against the band, while the First Nation wants the court to keep the mining firm out of its territory.

Taseko's lawyer Joan Young told the B.C. Supreme Court that the natives have taken the law into their own hands and obstructed a public road.

The company has 12 months to complete the necessary work at the site needed for a second federal government environmental process, but the natives are refusing to allow them onto the land to do the work, said Young.

Tsilhoqot'in lawyer Jay Nelson told Justice Christopher Grauer that the band wants the injunction preventing Taseko from working on the land until the B.C. Appeal Court rules on the band's case involving aboriginal title in certain claim areas.

"There are fundamental constitutional rights at stake and reconciliation with aboriginal people is at stake," Nelson told the court.

The B.C. Appeal Court reserved its decision late last year on the case and set no time for releasing its ruling.

Tsilhoqot'in Chief Marilyn Baptiste said the B.C. government simply rubber stamped Taseko's permits and licences for the mine, without consulting with them as required.

"We're not the ones making the choice to go to the ground. We're not the ones making the choice to roadblock," she told the media outside the courthouse.

"It's the government and industry that are pushing us to stand up on the ground and protect our way of life and our people."

As a handful of people carrying protest placards stood by in support, Baptiste told reporters the court application is asking to keep the company off band lands to protect their territory.

The mine has a controversial history. The proposal for the $1.1 billion mine near Williams Lake was approved by the B.C. government, but was rejected in a federal government environmental review last year.

Earlier this month, the federal government agreed to hear a second environmental review after Taseko reworked the project, planned to spend an extra $300 million to address environmental concerns and promised to save Fish Lake, which the natives say is culturally significant to them.

The decision to give the mine a second chance angered several First Nations groups.

Chief Bob Chamberlin of the Union of B.C. Indian Chiefs stood beside Baptiste outside the courthouse Monday.

He said the union will call on its membership to support the Chilcoutin natives in whatever decision is made to protect their territories.

"If that's a road block, then it's a road block. If it's a sit-in somewhere, then it's a sit-in somewhere," Chamberlin said. "But we want them to know that they're not standing alone, and that's the message I want the government to know."

Chamberlin said First Nations have to take a stand against the B.C. government decision to allow the mine without consulting First Nations.

"This could be our fish, it could be our lake, it could be our territory. And if we think that this behaviour is going to be specific to just one project, we'll be sadly misled."

He said governments are ignoring Supreme Court of Canada orders.

"When are we going to rise up, when are we going to say to Canada 'that's enough now. You've been offensive, you've disregarded our rights that the Creator himself has given us,' and we're about to stand up and say 'No.'"

Taseko's Brian Battison, who attended the court hearing, said the company has attempted to talk with the area First Nations, but they have refused to come to the table.

He said Taseko is hopeful there won't be any more road blocks.

The court watched a series of videos taken by a member of the Taseko crew who made several attempts to get through a First Nations road block into the proposed mine site earlier this month.

In the video, Baptiste is heard repeatedly telling the Taseko crew to turn around.

"The Crown cannot run roughshod over our indigenous rights," she said.

One of the mine's crew then asked if it would be safe if they wanted to take their equipment out of the area.

"It will not be safe," she replied. "I will not guarantee your safety."

The hearing is expected to last the rest of the week.