{"id":6743,"date":"2021-03-24T16:33:55","date_gmt":"2021-03-24T20:33:55","guid":{"rendered":"https:\/\/aboriginalbusinessmagazine.com\/?p=6743"},"modified":"2021-03-24T16:41:10","modified_gmt":"2021-03-24T20:41:10","slug":"tahltan-nation-evicts-doubleview-gold-from-territory-over-refusal-to-respect-indigenous-law","status":"publish","type":"post","link":"https:\/\/aboriginalbusinessmagazine.com\/?p=6743","title":{"rendered":"Tahltan Nation evicts Doubleview Gold from territory over refusal to respect Indigenous law\u00a0"},"content":{"rendered":"

By Matt Simmons<\/em><\/p>\n

Local Journalism Initiative Reporter<\/em><\/p>\n

The Tahltan Central Government is evicting Doubleview Gold Corp.\u00a0from its\u00a0 territory after the mineral exploration company refused to respect\u00a0 Tahltan laws and policies. Last week, the government issued the company a notice of opposition and said it will do whatever is necessary to make sure the company leaves the territory.<\/p>\n

“They’ve\u00a0 been the most ignorant, tone deaf, disrespectful operators in any\u00a0 industry that I’ve ever come across in Tahltan territory,” Tahltan\u00a0 Central Government President Chad Day said in an interview.<\/p>\n

The\u00a0 Tahltan Nation in northwest B.C. is generally supportive of mining\u00a0 activity and is known for its collaborative approach to working with\u00a0 industry. The nation has partnered with several mining companies over\u00a0 the years and many of its members make a living working in mines on the\u00a0 territory and elsewhere in the province.<\/p>\n

But Vancouver-based Doubleview would not agree to the Tahltan Nation’s protocols.<\/p>\n

The central government created an engagement framework, which ensures that\u00a0 mining activity on its territory is done in accordance with Tahltan law.\u00a0 The framework requires companies to meaningfully consult with the\u00a0 nation and respect its Rights and Title, which includes the right to\u00a0 declare areas off-limits to resource development. The framework also\u00a0 outlines communications protocols and policies on a collaborative\u00a0 decision-making process. More than 30 companies have signed onto the\u00a0 framework, but Day said Doubleview refused to do so.<\/p>\n

“We want them out of the territory,” he said. “We’re setting an example of this company.”<\/p>\n

Doubleview\u00a0 has been test drilling intermittently for years in a region known to\u00a0 the Tahltan as Sheslay, about 50 kilometres north of Telegraph Creek.\u00a0 The Sheslay River is a tributary of the Taku River, which meets the\u00a0 Pacific Ocean near Juneau, Alaska.<\/p>\n

Historically, the area was a meeting\u00a0 place for trade between the Tahltan and Tlingit and there are old\u00a0 village sites and burial sites on the land. Some Elders were born and\u00a0 raised in Sheslay.<\/p>\n

The\u00a0 region’s mountains and river valley are home to caribou, moose, wolves,\u00a0 bears, salmon and other wildlife. This congregation of animals so close\u00a0 to the community means Sheslay is an important subsistence hunting area\u00a0 for the Tahltan Nation, but it’s also a potential source of gold,\u00a0 copper and cobalt.<\/p>\n

On the mining company’s books, Sheslay is known as the Hat Property\u00a0 and is made up of 10 mineral tenures on 6,308 hectares.<\/p>\n

The province\u00a0 granted the company permits to drill at 45 sites, valid until 2025.<\/p>\n

Gavin Smith, a lawyer with West Coast Environmental Law, told The Narwhal that\u00a0 B.C.’s Mineral Tenure Act does not consider Indigenous Rights and Title\u00a0 and allows any individual or company to purchase a tenure without\u00a0 consultation or consent. And when a conflict like this comes up, the\u00a0 province has few tools to address the situation except for buying back\u00a0 the tenures based on the price they would fetch on the free market.<\/p>\n

He said reforming B.C.’s mining laws is essential as the province works on implementing\u00a0 the principles of the United Nations Declaration on the Rights of\u00a0 Indigenous People, which it adopted into legislation in 2019.<\/p>\n

“The whole\u00a0 regime is really problematic from start to finish in terms of setting\u00a0 the stage for the kinds of conflicts that I think we often see,” he said\u00a0 in an interview. “It is hard to imagine an act that is further from\u00a0 implementing UNDRIP than the Mineral Tenure Act.”<\/p>\n

He said the legislation has to be changed to prevent situations like this from happening again.<\/p>\n

“What we\u00a0 need is legislation that recognizes the role of nations making decisions\u00a0 up front, before a claim is granted, before this ball starts rolling\u00a0 down the hill and everyone has to chase after it.”<\/p>\n

The Ministry of Energy, Mines and Low Carbon Innovation declined an\u00a0 interview request and said it supports mining projects that develop\u00a0 strong relationships with First Nations.<\/p>\n

Doubleview\u00a0 did not respond to requests for comment but according to the company’s\u00a0 website, it is planning “an aggressive 2021 exploration program.”<\/p>\n

Day said that’s not going to happen.<\/p>\n

“If the company makes efforts to go out there and work the property, then there may be conflicts on the ground.”<\/p>\n

Read more: Groups call on B.C. to fund Indigenous monitoring of mines in traditional territories<\/p>\n

Conflict\u00a0 between the Tahltan Nation and Doubleview dates back to 2011, when the\u00a0 company announced its plans to conduct exploratory work in Sheslay. The\u00a0 Tahltan Nation voiced opposition, arguing the area was historically and\u00a0 culturally important. The nation also said that given the area’s\u00a0 history, an archaeological assessment was needed.<\/p>\n

The\u00a0 company eventually agreed to conduct preliminary archaeological studies\u00a0 in 2014 and discovered obsidian artifact fragments under its camp and\u00a0 identified areas where similar artifacts would likely be found. As a\u00a0 result of these findings, the province added a condition to the\u00a0 company’s drilling permit that required it to conduct an archaeological\u00a0 impact assessment before doing any more mineral exploration.<\/p>\n

But in 2015, the company started drilling again without doing so, contracting a\u00a0 local company mostly staffed by Tahltan community members to do the\u00a0 work. Concerned about the potential impacts, four Elders, accompanied by\u00a0 Day and Heather Hawkins, former vice-president of the central\u00a0 government, went out to the mining camp.<\/p>\n

The Elders\u00a0 asked to speak with the workers and told them the Tahltan people did\u00a0 not support mining in that area, explaining that Sheslay is a sacred\u00a0 place. Day asked them to stop drilling. Two days later, the employees\u00a0 agreed to respect the Elders’ wishes and left the site.<\/p>\n

In\u00a0 response, Doubleview president and CEO Farshad Shirvani called the RCMP,\u00a0 described the meeting as a blockade and took the Elders and government\u00a0 leaders to court, seeking an injunction against them.<\/p>\n

“What kind\u00a0 of mineral exploration company in Tahltan territory sues Tahltan\u00a0 leaders and Elders who were born in the area that they’re drilling in\u00a0 and making a mess of?” Day said.<\/p>\n

The B.C. Supreme Court dismissed the case\u00a0 in 2016, but Doubleview never left the territory. Day said the Tahltan\u00a0 Central Government made repeated attempts to negotiate with the company,\u00a0 offering the same terms of engagement it provides other mining\u00a0 companies, in hopes of establishing a positive working relationship.<\/p>\n

Day said\u00a0 Doubleview’s plans to ramp up its exploratory work while refusing to\u00a0 meaningfully engage with the nation was the “straw that broke the\u00a0 camel’s back.”<\/p>\n

“We’re\u00a0 willing to be good partners, but we’re also willing to dig our heels in\u00a0 when people are disrespectful and want to test us,” he said.<\/p>\n

There are three operating mines and more than 70 active mineral exploration claims on Tahltan territory, according to the nation’s 2020 industry review. One of the active mines is Red Chris,\u00a0 about 20 kilometres from Iskut, a Tahltan community just south of the\u00a0 Stikine River. Formerly operated by Imperial Metals, the mine is now\u00a0 owned and run by Newcrest, an Australian mining company. The company\u00a0 acquired the mine in 2019, agreed to the Tahltan engagement framework\u00a0 and has been working closely with Tahltans since.<\/p>\n

Janine\u00a0 Bedford, superintendent of community relations for the mine, told The\u00a0 Narwhal in an email that Red Chris employs around 220 Tahltans and has\u00a0 an agreement with the nation to give priority to Tahltan job applicants.<\/p>\n

She said the company also provides Tahltan communities with resources, including\u00a0 an advanced care paramedic, medivac support, medical and cleaning\u00a0 supplies, groceries and funding for cultural programs.<\/p>\n

But while\u00a0 the Tahltan Nation will work with companies like Newcrest, there are\u00a0 places on the territory that are off-limits and activities the nation\u00a0 will not allow. The nation adamantly opposed industrial activity in the\u00a0 Sacred Headwaters, the source of the Stikine, Nass and Skeena rivers,\u00a0 successfully protecting the area from a proposed coalbed methane project\u00a0 in 2012 and from all industrial development in 2019. And, as The Narwhal previously reported, the Tahltan Central Government recently served a number of eviction notices to jade placer miners operating without consent on the territory.<\/p>\n

As the\u00a0 nation continues to enforce its rules on the territory, it is also\u00a0 working on plans to permanently protect Sheslay. In 2019, the federal\u00a0 government committed $3.9 million through the Canada Nature Fund to support the nation’s land use plans, which include setting up Indigenous Protected and Conserved Areas\u00a0 on the territory. Tahltan stewardship planning identified three areas\u00a0 the nation would focus on: Klappan, Ice Mountain (Mount Edziza) and\u00a0 Sheslay. In total, the proposed protection would span over one million\u00a0 hectares.<\/p>\n

The stewardship and land use planning is ongoing and Sheslay remains\u00a0 unprotected under provincial law. Day said he will be speaking with the\u00a0 province about what happens next with the conflict between the Tahltan\u00a0 Nation and Doubleview.<\/p>\n

“It’s\u00a0 going to be on the province to deal with us and to deal with the company\u00a0 to come up with some kind of a resolution,” Day said, adding that the\u00a0 nation has a good working relationship with the province and he expects\u00a0 they will be able to come to an agreement.<\/p>\n

Matt Simmons\u00a0is a Local Journalism Initiative reporter who works out of the NARWHAL\u00a0 . The Local Journalism Initiative is funded by the Government of Canada.<\/em><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

By Matt Simmons Local Journalism Initiative Reporter The Tahltan Central Government is evicting Doubleview Gold Corp.\u00a0from its\u00a0 territory after the mineral exploration company refused to respect\u00a0 Tahltan laws and policies. Last week, the government issued the company a notice of opposition and said it will do whatever is necessary to make sure the company leaves …<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":""},"categories":[32,39],"tags":[],"yoast_head":"\nTahltan Nation evicts Doubleview Gold from territory over refusal to respect Indigenous law\u00a0 - Aboriginal Business Magazine<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/aboriginalbusinessmagazine.com\/?p=6743\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Tahltan Nation evicts Doubleview Gold from territory over refusal to respect Indigenous law\u00a0 - Aboriginal Business Magazine\" \/>\n<meta property=\"og:description\" content=\"By Matt Simmons Local Journalism Initiative Reporter The Tahltan Central Government is evicting Doubleview Gold Corp.\u00a0from its\u00a0 territory after the mineral exploration company refused to respect\u00a0 Tahltan laws and policies. 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