Tsilhqot'in Win Their Injunction!
by FONV
Hello All Friends of Frien  ds of the Nemaiah Valley; Good news! The Tsilhqot'in people win!
On Friday, December 2, 2011, Judge Gruaer granted the Tsilhqot'in
National Government an injunction against Taseko Mines Ltd. coming onto
their territory.
TNG lawyer, Jay Nelson (left), outside BC Law Court
TNG's lawyer, Jay Nelson (Woodward and Co.),
successfully argued that the Tsilhqot’in people were not properly consulted before the B.C. government granted two work permits to Taseko.
At the same time, Taseko lost their injunction application to force the TNG to stop blocking the mine company's access.
Ts'il?os, the great and sacred mountain that watches over the Nemaiah
Valley and the Tsilhqot'in people of Xeni Gwet'in, continues to protect
Nabas and Teztan Biny. In their fight to protect their lands, the
Tsilhqot'in people have gone to the Canadian courts time and again.
Time
and again they have won for the facts are that these lands, in the
Caretaker areas of the Xeni Gwet'in and Yunesit'in Tsilhqot'in
communities, have never been ceded or given up through treaty or any
other means. It is deep within Tsilhqot'in culture and way of life that
the land, above all, must be protected against inappropriate activities
like industrial logging, mining and dam building.
“New Prosperity” mine would destroy, Little Fish Lake, Fish Creek and
Nabas, and ultimately Fish Lake. It would imperil the Taseko River and
the provinces great Fraser River salmon runs. It is an enterprise that
must never be realized. Ts'il?os and the Tsilhqot'in people know this.
In Judge Vicker’s Rights and Title ruling of 2007, he found that, “….
to the Tsilhqot'in First Nation, the land is inseparable from their
history and tradition and, as a people, the Xeni Gwet'in have "the
sacred duty to protect the nen (land) .....on behalf of the Tsilhqot'in
people."
The injunction will be in force until a judicial review over the provincial government permits can be heard.
Xeni Gwet'in Chief Marilyn Baptiste and Councilor Roger William outside BC Law Court
Support for this fight
h
as been constant and growing. Drummers and
singers, speakers and representatives from Tsilhqot'in communities,
along with dozens of other supporters from the UBCIC and environmental
organizations and concerned citizens, have been rallying outside the
Vancouver court house all week along to bear witness to this case.
Each
morning court was in session, people have been praying and drumming in
Tsilhqot'in communities far from Vancouver. The depth and strength of
opposition to this project is overwhelming.
Here is the News Release from the TNG following the Judge's decision:
TŜILHQOT’IN NATIONAL GOVERNMENT
253 – 4th Avenue North Williams Lake, BC V2G 4T4 Phone (250) 392-3918 Fax (250) 398-5798
TSILHQOT’IN WELCOME INJUNCTION AGAINST TASEKO MINES LTD
Williams Lake BC, Fri. Dec. 2, 2011: The Tsilhqot’in rejoices with the
decision by Justice Grauer to grant an injunction to prohibit Taseko
Mines Ltd from performing exploration work on Tsilhqot’in traditional
lands. This is another victory in the fight to preserve these pristine
and sacred lands and waters.
A judicial review will commence scrutinizing the work permits granted to the company by the Province.
“Today’s decision signifies the assertion of our request for deep and
meaningful consultation. This is an important judgement that sets the
tone for industry and the B.C. Government when dealing with other First
Nations,” said Tsilhqot’in Tribal Chair Joe Alphonse.
“We have already soundly defeated this mine proposal once, and the
option now being pursued has already been declared worse than the
original plan. We are frustrated to be faced with an Environmental
Assessment again but we need to be adequately engaged to assist with the
determination of what is exactly necessary with the least amount of
disturbance for
this process.”
Xeni Gwet’in Chief Marilyn Baptiste called on the Provincial Government
to save taxpayer’s and the Tsilhqot’in from further legal expenses by
withdrawing the exploration permits and beginning a new consultation
process that is accountable and ensures deep and meaningful
consultation.
“Much good will has been wasted with this attempt to bring this terrible
project back from the dead, but some of that might be restored if the
Province were to end its efforts to help the company bulldoze more than
20 kilometres of new roads and drill dozens of new holes in pursuit of
an option everyone knows it worse than the plan we defeated last year.
The government Binyand company need to prove, not only to the
Tsilhqot’in, but to the public, that this destruction is even necessary
for the EA process. In this regard we’ll continue to stand strong and
united.”
Chief Alphonse added: “It would clearly be better for everyone – for our
Nation, for the mining industry and for governments, for investors – if
Taseko Mines were to withdraw this highly confrontational and clearly
doomed resubmission and allow us all to focus on more productive ideas
and talks.
“First Nations across the country have a reason to be concerned. If
this can happen to us, in an area where an Aboriginal Title decision is
being awaited, then what can we expect elsewhere?”
Media contact: Chief Marilyn Baptiste 250-267-1401 Chief Joe Alphonse 250-305-8282
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