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First Nations to take part in judicial review

The Tsilhqot'in National Government have secured intervener status in the ongoing judicial review of the environmental assessment into the proposed New Prosperity copper and gold mine.

The Tsilhqot'in National Government have secured intervener status in the ongoing judicial review of the environmental assessment into the proposed New Prosperity copper and gold mine.

The federal court ruled this week that the First Nations group from the Cariboo, along with Chief Joe Alphonse, will be able to fully participate in the court case, which is examining the conclusions of a three-member Canadian Environmental Assessment Agency panel.

In October, the panel ruled that the open pit mine planned near Williams Lake had the potential to have significant adverse effects on fish and fish habitat in Fish Lake. Taseko, the company behind the plan, is challenging the findings in federal court. The company alleged that Natural Resources Canada provided faulty evidence regarding the engineered soil liner that would be used to contain the mine's tailings.

The Tsilhqot'in National Government believes the panel reached the correct conclusion and this week's ruling means they'll be able to submit affidavits and cross-examine Taseko's witnesses.

"We want to be part of the court process," Alphonse said. "If we're there, we're there to protect our interests and to ensure and keep them as a company honest."

Alphonse said he believes that the federal court's independence from the political process will help his side's cause.

"I'm quite shocked [Taseko was] wanting to go this route and we welcome this challenge and this opportunity," he said.

Earlier this week, a group of mine supporters, the Say Yes to Prosperity Group, went to Ottawa to meet with federal officials and make the case for why the mine should succeed. Citing the jobs the project could create and the assurances by Taseko that the project is environmentally sound, the politicians and community leaders from the Cariboo said they are urging the federal cabinet to give the mine its blessing later this month.

Cariboo-Prince George MP Dick Harris even took the opportunity to use a member's statement on Wednesday to speak out in favour of the mine in the House of Commons.

"Now we are presented with a once-in-a-generation opportunity to restore a vibrant economy to this area," Harris said. "We must not miss this opportunity to allow the New Prosperity gold mine to move forward to the provincial permitting stage."

While the federal government will have its say this month, the court battle is expected to last much longer. The federal cabinet's decision can also be subjected to a judicial review.

Alphonse said the court process is a fair way to resolve the issue.

"It puts us in that room and provides us with access and an opportunity to question the company," he said.