Today the Tahltan Nation and BC announced that they have both approved the Eskay Creek Revitalization Project, a proposed restart of operations at a gold and silver mine located in Tahltan Territory.
The decision marks the first time in BC history that a major project has been subject to the consent of a First Nation under BC’s Declaration on the Rights of Indigenous Peoples Act (“DRIPA”).
From Tuesday morning’s announcement regarding the Eskay Creek Project. Along with representatives from BC and Skeena are TCG President Kerry Carlick, Deputy Chief Feddie Louie of the Iskut Band Council, and Chief Rocky Jackson of the Tahltan Band Council.
Tahltan’s decision was made pursuant to the first consent-based decision-making agreement negotiated under DRIPA, which was signed by the Tahltan Central Government and BC in 2022 (the “Declaration Act Agreement”).
The Declaration Act Agreement recognized Tahltan’s jurisdiction and decision-making authority within Tahltan Territory and required Tahltan’s consent for the Eskay Creek Project to proceed. It also set out collaborative processes to guide the Tahltan and BC assessments of the Eskay Creek Project.
The recognition of Tahltan’s decision-making authority in relation to the Eskay Creek Project marks another important step towards the implementation of Indigenous jurisdiction and self-determination in BC. Tahltan’s ongoing role in the safety and operation of the Eskay Creek Project has also been recognized as the mine will be subject to environmental and socio-cultural conditions that were developed by Tahltan and will be implemented by Tahltan. The result will be an unprecedented level of oversight over the Eskay Creek Project by Tahltan to make sure it meets their standards.
Mandell Pinder is proud to have supported the Tahltan Central Government in the negotiation and implementation of the Declaration Act Agreement. Tahltan’s vision, leadership and expertise have shown that when First Nations’ self-government rights are respected and implemented, the result is more robust and wholistic assessments that can lead to better and safer projects.
For more information:
- BC Government, “Tahltan, B.C. make history with consent-based decisions on Eskay Creek mine.”
- Andrew Kurjata, “Eskay Creek gold and silver mine in northwest B.C. gets environmental approval,” CBC News
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