Xatśūll First Nation and Mount Polley Mining Corporation will learn on Aug. 6, 2025 about a B.C. Supreme Court decision on the future of the mine's tailing storage facility (TSF).
In April of this year, Xatśūll filed an injunction against a provincial decision made in March to allow the dam's height to be raised by up to four metres.
Eleven years ago on Aug. 4, 2014, the tailings dam failed resulting in the release of 17 million cubic meters of water and eight million cubic metres of tailings and materials into nearby Polley Lake, Hazeltine Creek and Quesnel Lake.
"Xatśūll continues to call for accountability and responsible decision-making regarding industrial activity on its territory, especially in light of the unresolved impacts of the 2014 tailings dam breach," the nation noted in a June 30 news release.
In filing for the injunction, Xatsull argued the approval happened without a full environmental assessment.
While construction to increase the dam's height has continued, Mount Polley agreed not to put tailings into the dam until a judicial review petition and the injunction application hearing took place June 24 to 27.
Now, both parties say they have agreed to a new terms of commitment that prohibits the company from depositing tailings requiring the use of the increased dam height until after the B.C. Supreme Court delivers its ruling.
Mount Polley in an information package distributed to media June 30 said following the conclusion of the hearing, the company provided a voluntary undertaking to the court not to deposit tailings into the raise section of the facility until Aug. 7, adding the company is committed to transparency, safety and respectful relationships with Indigenous nations and surrounding communities.
The TSF is being raised as normal course of mining operations, noted the company, adding to safely accommodate ongoing tailings deposition, the height of the TSF must be gradually increased over time.
"The four meter raise, which meets the engineering and environmental standards required by the Province, is required to ensure Mount Polley can continue to operate," noted the information package from Mount Polley media relations.
Back in May, Xatśūll said it was "hopeful that Imperial Metals, Mount Polley, and the Government of B.C. will act in good faith and commit to strengthening our relationship in a way that builds trust and respects and honours Xatśūll’s role in the Territory now and for generations to come."
Xatśūll has repeatedly said while they oppose the approval by the government, they are not opposed to mining and resource development.
With files from Austin Kelly
