A central B.C. First Nation has filed for a judicial review to overturn B.C.'s decision to allow Mount Polley Mining Corporation (MPMC) to raise the height of the dam and the tailings storage facility.

A news release by Xat艣奴ll First Nation states the B.C. Supreme Court application against several B.C. government officials comes after the Mount Polley mine failure devastated their territory in 2014 and continues to harm the nation's rights, culture and way of life.

"The provincial decision makers allowed this work to proceed without an environmental assessment, which is legally required in the circumstances," the release says. "In addition to the judicial review, Xat艣奴ll will also seek an injunction, which will be filed in the coming days, preventing construction of the dam raise until the court process is concluded."

Recent decisions have given MPMC authorization to raise the dam by four metres. The corporation has signalled it would like to raise the dam by an additional 13 metres, Xat艣奴ll said.

香蕉视频直播�(This) is a serious failure to prevent potential impacts to Xat艣奴ll香蕉视频直播檚 Aboriginal rights, reconciliation with Xat艣奴ll after the 2014 disaster, and the implementation of UNDRIP,香蕉视频直播� said Xat艣奴ll Kukpi7 (Chief) Rhonda Phillips in the release. 香蕉视频直播淭he risks of raising the tailings storage facility dam must be properly understood by Xat艣奴ll and the public before any work is authorized, and we are standing up to demand accountability, transparency and a proper assessment process that respects Indigenous knowledge and law.香蕉视频直播�

The release says the First Nation recognizes the benefits of mining, but Phillips called the move to approve the dam raising without Xat艣奴ll's consent and an environmental review "unconscionable."

"We are not opposed to development. We support development that is responsible, sustainable and carried out in partnership with Indigenous Nations 香蕉视频直播� development that respects our rights, our lands, and our future," the release says. "But as people who have lived in harmony with these lands and waters since time immemorial, Xat艣奴ll must be part of sharing how development happens. Any development must make sure that it protects Xat艣奴ll香蕉视频直播檚 Aboriginal title and rights, the health of the community, and the well-being of key species like salmon, moose and caribou."

Mount Polley responded to Xat艣奴ll's move on April 16, stating if there are improvements it could make, it would like to hear directly from its Indigenous partners. 

"Mount Polley has always been open to Indigenous input with regard to improving our operations and performance, and during the three years we have been working on getting this permit, we have held meetings every month with representatives of both the Williams Lake First Nation and the Xat艣奴ll First Nation," the company wrote in a release published on . 

The response also noted it was too early to make a substantive comment on the filing, and pointed out the judicial review is filed against B.C.'s permitting approval process rather than Mount Polley "per se."

The Union of B.C. Indian Chiefs (UBCIC) issued a statement in support of Xat艣奴ll.

"The provincially approved expansion of the Mount Polley Mine tailings storage facility dam expansion is not just a local issue香蕉视频直播攊t香蕉视频直播檚 a warning siren across the province," said Grand Chief Stewart Phillip, UBCIC president. "This government cannot claim to uphold reconciliation while approving environmentally hazardous projects without consent, consultation, or proper assessment. Xat艣奴ll香蕉视频直播檚 action is an action for all First Nations and future generations.香蕉视频直播�

The provincial government told Black Press Media it cannot provide comment on any matters that are before the court.

In December 2024, 15 charges were laid against MPMC for the 2014 tailings dam failure which led to 25 million cubic metres of water, tailings and debris to flood into Quesnel Lake.

The approval of the dam raising was given in March by Jagrup Brar, Minister of Mining and Critical Minerals, and Tamara Davidson, Minister of Environment and Parks.

"As statutory decision-makers under the Environmental Assessment Act, we have made the decision to allow the Mount Polley Mining Corporation to raise the height of its tailings storage facility dam by four metres to ensure water can be managed safely in advance of spring freshet. The necessary permit for this work under the Mines Act has also been approved," they said at the time of the announcement.

In that announcement the ministers said the mine's environmental regulations have been closely monitored and that will continue with the expansion.

With files from Monica Lamb-Yorski