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Both sides look for mine reasons

When the federal cabinet formally rejected the New Prosperity copper and gold mine, they did so with a four-sentence news release issued on the evening of Feb. 26.
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When the federal cabinet formally rejected the New Prosperity copper and gold mine, they did so with a four-sentence news release issued on the evening of Feb. 26.

The news release simply said that Environment Minister Leona Aglukkaq determined that the open pit mine in the Cariboo could cause adverse environmental effects and that her cabinet colleagues determined those effects could not be justified. It did not list the precise reasons why the project was being blocked, which has led to groups on both sides of the debate to reach their own conclusions.

In its judicial review request launched this week, Taseko Mines claimed the lack of detail in the news release was an abdication of the government's responsibilities to inform the proponent as to why its project was being rejected.

Taseko vice-president of corporate affairs Brian Battison said it was up to government to provide his company with reasons so it can understand why its project was rejected.

"They have an obligation to provide that information," he said.

The news release did reference a Canadian Environmental Assessment Agency (CEAA) report released in October which said the mine could case harm to fish and fish habitat due to the proximity of the proposed tailings pond to lakes in the area. The report also said First Nations traditional use of the land could be negatively impacted by the mine.

Taseko is challenging those findings in a separate judicial review process it launched in November.

While Taseko is zeroing in on what it sees as faulty evidence on the design of the tailings pond and the seepage rates as reasons the findings of significant adverse effects should be overturned, opponents say the issues leading to the rejection are more broad.

"The issue of human rights and proper consultation with First Nations is also a significant factor in the federal government's rejection of the mine," Fish Lake Alliance member Sage Birchwater wrote in an email.

"[Taseko] refuses to acknowledge this, and continues with its rhetoric that is causing great division in the Cariboo Chilcotin community."

In its court filing on Wednesday, Taseko also said that CEAA failed in its duty to provide a fair and transparent process by not publicly posting letters the company wrote to the agency and Aglukkaq detailing the problems the company identified in the panel report. Some correspondence was posted on the public registry, but not all of the letters from the mining company.

"That's why you have a public registry so that the public can see the process played out on full view," Battison said.

"In this case they made a request of us, they posted their request, we complied with their request, but then not only did they fail to post it, they actually said that they would not be posting it and that again a failure of the process and contrary to the principles of administrative fairness."

Battison said no reason was given to Taseko for why the letters weren't posted.

A spokeswoman for the Canadian Environmental Assessment Agency said the government department could not comment on the allegations because of the pending court cases.