The province of B.C. has paid $75 million to Taseko Mines Ltd, as part of an agreement to end a decades-long dispute over Teztan Biny (Fish Lake) in the Chilcotin.
The payment to Taseko upon closing the deal, is only part of the historic agreement. It also includes a 22.5 per cent equity interest in the New Prosperity mineral tenures, put into a trust for the future benefit of the Tsilhqot'in Nation. The property interest will only be transferred to the Tsilhqot'in Nation when and if it consents to a proposal to pursue mineral development within the tenure. Taseko maintains a majority interest with 77.5 per cent which the company can sell at any time.
The agreement between the TNG, the B.C. government and Taseko Mines will require the consent of TNG for any mining activity in the area, located 181 km by road southwest of Williams Lake.
The process to obtain that consent is still to be developed, with the province issuing a release on June 18 that they have secured a mandate to negotiate this consent-based decision-making process. In addition, Taseko has committed not to be the operator of mineral exploration or development activities at New Prosperity, nor the owner of a future mine development.
Taseko has agreed it can retain ownership only up until the point of construction, should a project get to that stage.
Christine Boyle, Minister of Indigenous Relations & Reconciliation said it has taken both vision and strong leadership to reach this point.
“This agreement protects our rights of consent in the Teẑtan Area. That’s huge. For over three decades, we’ve had conflict in the Teẑtan area," said Nits'il?in (Chief) Roger William of Xeni Gwet'in, the community which led the opposition to the New Prosperity Mine proposed for the area. William said many people in that community, including his own son, have had this conflict in the area for their entire lives.
Taseko, in their own press release, said the agreement will provide certainty for the company as well, "with respect to how the significant copper-gold resource at New Prosperity may be developed in the future."
The company said the deposit is one of the largest copper-gold deposits in Canada and the agreement leaves Taseko as a majority interest with 77.5 per cent in the mineral tenures, with the Tsilhqot'in people set to benefit from any possible future development, which would require their "free, prior, and informed consent."
“This Agreement resolves a damaging and value-destructive dispute, and acknowledges Taseko’s commercial interests in the New Prosperity property and the cultural significance of the area to the Tŝilhqot’in Nation," said Stuart McDonald, president and CEO of Taseko Mines Ltd.
“Resolution of this legal and public conflict has been a priority for this government," stated Jagrup Brar, Minister of Mining and Critical Minerals for B.C. in the Taseko release. "These negotiations, which began under the previous mandate, laid important groundwork. The agreement demonstrates B.C.'s commitment to reconciliation and ensuring that the interests of First Nations and mining companies can advance together."
This agreement enables the community and its people to turn the page, said William.
"I hold my hands up to everyone that worked hard over the past five years to achieve this historic agreement that reflects true reconciliation," said William, thanking both the province and Taseko Mines for helping make the agreement possible.
Calling the agreement the Teztan Biny Gagaghut'i (Teztan Biny Agreement), it includes "binding legal commitments" said the nation in their release.
Consent-based decision-making processes would have to be done for any mining activity at Teztan Biny.
The agreement means no mineral exploration or mine development will be undertaken on the New Prosperity mineral tenures without "free prior informed consent of the Tsilhqot'in Nation."
The province has also agreed to require consent from the Tsilhqot'in Nation for any mine in the Teztan area requiring review under the Environmental Assessment Act.
How exactly this process will work still has to be finalized, as the province works through the details and determines an environmental assessment process which takes this into account.
"Teẑtan Biny and Nabas (the surrounding area) is a place of profound spiritual and cultural importance for the Tŝilhqot’in people," states the TNG release, noting the 30 years of resistance to Taseko's proposed New Prosperity Mine.
The nation said the new agreement lays out a land use planning process for the area in order to establish clear land use direction which reflects the Tsilhqot'in's vision and goals for the area and balances a range of factors.
The Tŝilhqot’in National Government (TNG) is the governing body for the Tŝilhqot’in people. The Tŝilhqot’in Nation is comprised of six communities located throughout the Tŝilhqot’in (Chilcotin) region.
“We fought for decades to protect the Teẑtan Biny area from mining proposals that threatened our Tŝilhqot’in values and way of life. The Teẑtan Biny Gagaghut’i is something that we can all be proud of," stated Nits’ilʔin (Chief) Otis Guichon, Tribal Chief, Tŝilhqot’in National Government.
"After a generation of conflict, I am grateful that we can move forward as Tŝilhqot’in in a positive way and put our energy and attention into our own priorities as a nation,” stated Nits’ilʔin (Chief) Lennon Solomon, Yuneŝit’in (previously known as Stoney).
The province said in their release, in addition to this agreement, they also now have the necessary approvals to work with the Tsilhqot'in National Government to negotiate an agreement under the Declaration on the Rights of Indigenous Peoples Act.
They said there is currently no specific mining project proposed for the Teztan Biny area.
Editor's note: This story has been rewritten to include information provided in a press release from Taseko Mines Limited as well as the Province of B.C.
