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Or sign-in if you have an account.A geologist on the ground at the Mitchell portion of Seabridge Gold's Kerr-Sulphurets-Mitchell project in northwest BC. Photo by Undated handout/Province of BCEarlier this month, a B.C. court decided to cancel the official go-ahead to construct a gold mine in the north of the province because a few dozen Indigenous people weren’t, in its view, adequately consulted.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorIt didn’t matter that the project, Seabridge Gold’s Kerr-Sulphurets-Mitchell (KSM) mine, had already undergone 15 years of planning and consultations.It didn’t matter that $1.2 billion had already been spent on building early components of the mine like camps, roads and fish habitat. It didn’t matter that it had the support of two major Indigenous groups, whose members would reap jobs, contracts, training and development support through benefit agreements with the company. It didn’t matter that the mine had been put on the province’s “fast-track” list, or that it was expected to bring billions of dollars in much-needed revenue.This newsletter from NP Comment tackles the topics you care about. (Subscriber-exclusive edition on Fridays)By signing up you consent to receive the above newsletter from Postmedia Network Inc.We encountered an issue signing you up. Please try againWhat actually mattered to B.C. Supreme Court Justice Emily Burke was the right of a tiny group calling itself a First Nation to provide even more input on the mine than it already had.The Tsetsaut Skii km Lax Ha, comprised of only 58 known members according to the court, had projected an Aboriginal title claim onto the area. The group is not recognized in federal law and thus not technically a real First Nation; nevertheless, it argued that the province hadn’t adequately evaluated this claim, tainting any further approvals of the mine. It had given input on the thing since 2004; in 2014 the company published a traditional knowledge report, and in 2021, the province came out with an ethnohistorical report as well, which had been beset with delay. And in 2023, the Tsetsaut Skii km Lax Ha began having monthly meetings with the mining company.At the same time, the mine marched forward. The B.C. government had granted Seabridge Gold a positive environmental assessment for the KSM mine in 2014, which was necessary to secure its ability to operate in the years ahead. But the assessment alone couldn’t guarantee investment security: what the company needed was a “substantial start” designation from the government.The whole point of a “substantial start” designation is to draw a reasonable balance between developers and whatever environmental and social concerns are out there. Once given, it freezes the results of the environmental assessment for 50 years. The KSM mine got its “substantial start” designation in July 2024. It would have been immensely good news: here was the green light to complete the rest of the mine.But it wouldn’t last. In court, the Tsetsaut Skii km Lax Ha challenged the province’s decision to grant that “substantial start” designation to the mine. In response, the court withdrew the mine’s “substantially started” status. The environmental assessment that had given the project a 50-year guarantee to operate lost its power. All because the judge felt that the ethnohistorical report about the little Indigenous group that had been completed by a B.C. anthropologist late into the process actually strengthened its odds of a successful title claim. This warranted more extensive consultations.Over the years, the Tsetsaut Skii km Lax Ha signed two “capacity funding” agreements with the mining company for “capacity funding” — that is, funds to assist consultations. Nevertheless, the group demanded $500,000 from the province to support “efforts to ensure adequate consultation” and claimed to have suffered prejudice. After meetings with numerous B.C. ministers in 2024, it got $20,000 for consultations, a fraction of their ask. But it made sense: this group is tiny, unofficial and if Canada had any sense it wouldn’t need deep consultations with what seemed more like a club than a real nation anyway.In comparison, the other groups whose land intersects with the project are a lot more substantial. The officially recognized Tahltan have 2,255 members; the Nisga’a have nearly 5,000, 1,800 of which live on traditional lands. Both have agreements with KSM regarding jobs and contracting opportunities with respect to the project, along with broader financial support for the community. The Gitxsan, whose hereditary chiefs have supported the mine, have nearly 7,500 members, 2,300 of which live on-reserve.It’s not as if Tsetsaut Skii km Lax Ha had been ignored. Over the years it had been heard out and provided extra funds. Now, they’ll be getting even more attention: the court ruled that the province must provide the group “90 days’ notice in which to present written submissions addressing the question of whether the project was substantially started,” after which point the province will once more have to consider whether to return the designation to the mine.The whole fiasco just shows how impossible it is to get anything built in Canada. A few dozen people shouldn’t be able to add months of delay to an already massively delayed project like this, especially after it’s been given the supposedly safe go-ahead.Investors are depending on the mine, as are local communities, and for once even the province is on board. Just about everyone recognizes the benefit of pulling billions of dollars’ worth of ore out of the ground. But the court wants perfection, and it’s prepared to derail what it can to roll out the red carpet for the tiny, unrecognized Tsetsaut Skii km Lax Ha to make extra sure that the duty to consult is fully discharged. Canada is getting poorer, and you can blame it on obstructive groups like this — and more importantly, the courts.National Post Get the latest from Jamie Sarkonak straight to your inbox Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. 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