Government Rejects Prosperity Gold-Copper Mine; A Victory for Fish Lake

Nature Canada is pleased to learn of the Government of Canada's decision to reject Taseko Mines Ltd.'s proposed gold-copper Prosperity Mine in British Columbia. The proposed mine would have led to the transformation of Fish Lake into a 'tailings impoundment area', i.e., a mining waste dump site, under the Metal Mining Effluent Regulations (MMER) of the Fisheries Act.

We applaud Environment Minister Jim Prentice for considering the adverse environmental impacts of the proposed mine, as concluded by the Federal Review Panel, as well as respecting the importance of Fish Lake to the Tsilhqot'in First Nation.

In an announcement made yesterday, Environment Minister Jim Prentice said "the significant adverse environmental effects of the Prosperity project cannot be justified as it is currently proposed."

There are now questions on the future of mining investments in BC according to an article in The Vancouver Sun

At Least Some Mines Get Fines Instead of Permits Under the MMER

Last week, Saskatchewan’s La Ronge provincial court declared Claude Resources Inc. guilty of three offences under the Metal Mining Effluent Regulation (MMER) of the Fisheries Act in relation to activities at Laonil Lake. The Saskatchewan-based mining company’s Seabee gold mine in northeastern Saskatchewan violated the MMER by: 1) depositing an acutely lethal effluent; 2) exceeding prescribed limits for effluents that contain total suspended solids; and 3) failing to report that their monitoring tests showed exceeded limits.

Apparently, Environment Canada and Saskatchewan Environment have tried for some time to get the company to become more compliant with regulations but without success. As a consequence, legal action was taken and Claude Resources Inc. was fined $90,000, of which $40,000 will be paid as a fine, and $50,000 to be given to the Saskatchewan Wildlife Federation.

Canada’s lakes and rivers are facing an imminent threat from Schedule 2 of the MMER which was introduced in 2002. Schedule 2 is a list of Canadian lakes that were reclassified as “tailing impoundment areas” - a mining waste site, under the MMER of the federal Fisheries Act.

There are prohibitions in place thast prevent the pollution of waters known to be fish habitat listed under section 36 (3) of the federal Fisheries Act. However, dumping is permitted under section 5.1(a) and Schedule 2 of the Fisheries Act’s MMER. Schedule 2 of the MMER allows lakes listed under it to be exempt from protection against the “depositing deleterious substances” into fish habitat under section 36(3) of the Fisheries Act. To date, there are 15 lakes in the provinces of Manitoba, British Columbia, Newfoundland and Labrador and Nunavut listed under Schedule 2.

For more information on Schedule 2 and related blog posts click here.

Another Fake Lake?

Mining company Taseko plans to reclassify two interior BC waterbodies, Fish Lake and Little Fish Lake, as tailings impoundment areas (toxic waste dump sites!) and create an artificial lake as compensation for the resulting loss of fish habitat. However, a recently released report from the Canadian Environmental Assessment Agency reviewing the Project stated "that the Project would result in significant adverse environmental effects," calling into question Taseko's plans.

One specific adverse effect of reclassifying Teztan Biny (Fish Lake) and Y'anah Biny (Little Fish Lake) into tailings impoundment areas is "the destruction of approximately 90,000 rainbow trout" which is "an important food source (for First Nations) when salmon populations are low." The creation of the replacement lake, called Prosperity Lake, would not "adequately mitigate the losses of the fishing and recreational experience at Teztan Biny (Fish Lake)," the Panel found.

The Tsilhqot'in First Nation, local community, and environmental groups are strongly opposed to the Project for numerous reasons.

The creation of tailings impoundment areas out of pristine Canadian lakes and rivers has received more attention as industry further exploits the Metal Mining Effluent Regulations, Schedule 2 "loophole" of the federal Fisheries Act. Some lakes that were destined to perpetual toxicity are being spared, such as Bamoos Lake in northern Ontario. Others require long legal battles and strong public support with an unpredictable end, such as Sandy Pond, in Newfoundland.

The plaintiff in that case, the Sandy Pond Alliance (including Council of Canadians, the Sierra Club of Canada, the Newfoundland and Labrador Natural History Society, MiningWatch Canada, and others) is arguing that "it is illegal for the federal government to allow the dumping of mining waste into Canadian lakes and rivers." The Alliance hopes to put an end to the practice of converting Canadian lakes into mining waste dumps once and for all.

If they succeed, Taseko will have to explore other waste management options around the Prosperity Lake Project. MiningWatch Canada has more information and details on how to send a letter to the Prime Minister, the Minister of the Environment and your MP to deny approval to this damaging project.

This blog post was contributed by Nature Canada volunteer Stefan Kohut. Thanks for the update, Stefan!

Photo: Highland Valley Copper Tailings Dam by Gord McKenna/Flickr