Overview
- The court dismissed the Xatsull First Nation’s injunction request, enabling Mount Polley Mining Corp. to raise the tailings dam by four metres
- Justice Tammen ruled that the province’s engagement with the Xatsull was “deep” and offered “ample opportunity” to express rights concerns
- The judge described the planned increase as “comparatively modest” and saw no legal need for an additional environmental assessment
- Xatsull leaders emphasize that the 2014 dam collapse remains a source of ongoing environmental harm and threats to their cultural way of life
- With the injunction lifted, the mine operator may resume depositing tailings that require the raised dam height