• Fred Sam on his own behalf and on behalf of all the members of the Nak’azdli First Nation and the Nak’azdli First Nation v. Director, Environmental Management Act

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    Terrane Metal Corp., Third Party


    Decision Date: July 6, 2012

    Panel: Alan Andison

    Keywords: Environmental Management Act – s. 14; permit; effluent; mine; consent order

    Fred Sam, on his own behalf and on behalf of the Nak’azdli First Nation (the “Nak’azdli”), appealed a decision of the Director, Environmental Management Act (the “Director”), Omineca and Peace Region, Ministry of Environment, to issue a permit to Terrane Metals Corporation (“Terrane”). The permit authorizes Terrane to discharge effluent to the ground from the Mount Milligan gold-copper mine and mill located northwest of Prince George, and from a concentrate loading facility located north of Fort St. James. The permit was issued following an environmental assessment process that approved the project. The proposed mine is located within the Nak’azdli’s asserted traditional territory.

    The Nak’azdli appealed the permit on several grounds, including that the Director failed to fulfill the Crown’s duty to consult with the Nak’azdli before making the decision to issue the permit, and that the Director made his decision based on inadequate technical information.

    After the appeal was filed, the Nak’azdli requested that the Board hold the appeal in abeyance to allow time for the parties to attempt to resolve the appeal.

    Before the appeal was heard, the parties reached a negotiated resolution to the appeal.

    Accordingly, by consent of the parties, the appeal was dismissed.