B.C. court rules province failed to consult First Nation on KSM gold mine
Justice finds the Tsetsaut Skii km Lax Ha Nation's duty to consult was breached when the government designated the mine "substantially started."
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A B.C. Supreme Court has ruled that the province failed to properly consult with a First Nation before granting a regulatory designation that allowed one of the world's largest undeveloped gold mines to preserve its environmental approvals indefinitely.
In a decision handed down Monday, Justice Emily Burke found that when the government declared Seabridge Gold's KSM mine "substantially started" in 2024, it failed to satisfy its duty to consult with the Tsetsaut Skii km Lax Ha Nation (TSKLH).
The "substantially started" designation prevents the mine's environmental assessment certificate from expiring and saves the project from having to restart a lengthy regulatory review. Seabridge and its subsidiary have already spent nearly $1.2 billion on the project, including $444 million between 2021 and 2023 on clearing trees, building roads, and developing transmission infrastructure.
TSKLH Chief Darlene Simpson, who has spent decades pushing the province to recognize her nation's territorial claim, said that with only 56 members, her nation is slowly having its rights extinguished. "There's truth and reconciliation that has to happen," Simpson said. "And the truth is that's our territory, and they need to reconcile that."
The mine site, located in B.C.'s mineral-rich "golden triangle" region about 65 kilometres from Stewart, is said to contain gold, copper, silver, and molybdenum. Justice Burke noted that the proposed tailings facility would be one of the largest in North America, with a reservoir as deep as the New York Times Tower is tall.
The B.C. and federal governments have already designated KSM a "critical mineral project." Seabridge estimates the mine will inject about $47.9 billion into B.C.'s economy over 52 years. The project involves constructing four open pits and two underground mines, along with twin 23-kilometre-long tunnels under a mountain range to move ore and distribute electricity.
The court's decision opens the door for consultation to proceed — and potentially for the First Nation's territorial claims to finally be heard.