Takla Lake First Nation Mining Backgrounder

The Takla Lake First Nation is a sovereign Nation in north-central British Columbia, Canada,
which has never signed a treaty, been defeated or relinquished its Aboriginal Title and Rights.
Our traditional lands, water, animals, plants and medicines have always provided for our
ancestors. We look to foster economic development that respects our spiritual laws governing
how we conduct ourselves on the land.
Takla Lake First Nation Mining Backgrounder
Takla’s Four Priorities for Mining in Takla Territory
1
Protect Bear Mountain and other
sensitive areas from mining
activity
Exploration claims have been staked in
extremely sensitive areas where the Takla
feel mining is inappropriate. One example
is Imperial Metals’ mineral tenure on Bear
Mountain, just west of Bear Lake. This area is
extremely important to the Takla people as it
is the last remaining viable salmon harvest in
Takla territory.
3
Clean up past mining pollution
and introduce appropriate
compensation for communities
Many former mine sites are now toxic polluted
sites that continue to threaten our community’s
health and the health of the local ecosystems.
In particular, the Bralorne mercury mine has
been left abandoned for 70 years, leaching
mercury, arsenic and cadmium into the
surrounding plants, water, wildlife and humans
who used the area.
Photo: The Kemess South Open Pit: a huge scar that will fill with water
and drain into Thutade Lake. Who will be monitoring this in 20 years?
2
Engage in joint decision-making
and land-use planning
The failure of the provincial government to
conduct joint land-use planning with Takla
in a government-to-government manner
is an important factor leading to differing
land-use visions in the Bear Lake and Takla
Narrows areas, where extensive staking
without adequate consultation has led to road
blockades by the Takla Lake First Nation.
4
Update BC’s mining laws to reflect
the modern First Nations context
BC’s Mining Act needs to be updated to reflect
modern standards for First Nations consultation.
Most notably, the Mining Act’s allowance for
free entry by companies without consultation
must be amended. As well, under current
legislation companies are not required to
conduct archaeological assessments for many
exploration activities, are allowed to operate
in close proximity to riparian habitat, and are
permitted to cross streams, creeks and rivers
with heavy equipment.
Bralorne and Kemess Mines: A Contaminated Legacy
Mining began in earnest in Takla territory in the late
1800s as gold rush settlers moved north. Exploration
and extraction continued through the 20th Century.
Bralorne Mercury Mine
Many former mine sites in Takla territory are now
toxic contaminated sites that continue to threaten
community and ecosystem health. In particular, the
Bralorne mercury mine has been left abandoned for
70 years, leaching mercury, arsenic and cadmium into
the environment, affecting water, local plants and the
wildlife and humans who use the area. Many of the
families who grew up harvesting in this area now suffer
from mercury- and heavy-metal-related illnesses.
To date no human health studies have been done to
address the Takla people’s health concerns.
monitoring in perpetuity. Northgate Minerals plans to
leave the mine after five years, leaving the Tse Keh
Nay people (Takla Lake First Nation, Tsay Keh Dene,
Kwadacha First Nation) a contaminated legacy that will
last forever. If the Kemess tailings dam fails, hundreds
of millions of tonnes of acid rock tailings could be
dumped into Thutade Lake, a headwaters of the Finlay
River system (MacKenzie River tributrary) that provides
drinking water to Takla’s northern neighbours the Tsay
Keh Dene and Kwadacha.
The Kemess issue is extremely important to the Tse
Keh Nay, who are seeking an agreement with the BC
government to ensure that the cleanup of the Kemess
South Mine is undertaken and regulated jointly with
First Nations people to avoid impacts on local wildlife,
water, plants, medicines and humans.
Kemess South Copper-Gold Mine
Mining continues in Takla territory. The Kemess South
Mine was approved in the mid 1990s to compensate
Royal Oak Mines for creation of Tatshenshini Provincial
Park. The approval of Kemess South was done without
consulting, accommodating, or receiving the consent
of the Takla Lake First Nation. Today, Kemess South
is near closure and will require reclamation and
BC Mining Law Reform
In 2005, British Columbia changed
the way in which mining companies
stake the land by allowing claims to
be made over the internet.
The Takla Lake First Nation’s
entire territory is now staked with
tenures by companies who have
not consulted with Takla and in
many cases have never set foot on
the land. The “Free Entry” system
embodied in BC’s Mining Act is in
direct conflict with First Nations’
rights under Section 35 of the
Canadian Constitution.
The Takla Lake First Nation demands
full and meaningful consultation and
accommodation for each and every
tenure staked on Takla territory.
Photo: The Baker Mine, a currently operating mine in Takla’s Territory,
has old abandoned workings that are polluting toxic levels of heavy
metals into the local environment.
In addition to issues with free entry,
there are serious concerns regarding
the way in which exploration
and mining activities proceed.
Companies are not obligated to
conduct archaeological assessments
for many exploration activities, are
allowed to operate very close to
riparian habitat, and are allowed to
cross streams, creeks and rivers with
heavy equipment. Many of these
activities would be illegal under BC’s
Forestry Act.
Takla seeks to improve mining
regulations so that companies
know by what standards Takla
expects of them. Consultation
should occur prior to staking mineral
claims. Archaeological overview
assessments are expected for any
activities, and archaeological impact
assessments are expected for many
exploration activities, not just major
mine proposals. Riparian habitats
should be respected as per BC’s
Forestry Act; this means avoiding
streams and creeks and not crossing
them with heavy equipment.
Such improvements to mining
legislation and regulations will
provide greater certainty for
companies and greater assurance
to First Nations that their traditional
activities and constitutional rights
will be respected.
Bear Lake:
Threatened By
Imperial Metals
Imperial Metals has a mineral tenure
on Bear Mountain, just west of
Bear Lake. Imperial purchased the
mineral rights to Bear Mountain in
2004 and in the past the company
has conducted drill tests in the area.
Cultural and Recreational
Importance
Bear Lake is an extremely significant
area to the Takla Lake First Nation
as it is home to the last remaining
viable salmon harvest in Takla
territory. Spring, sockeye, pink,
coho, and chinook salmon, as well
as steelhead, swim up the Skeena
River to spawn at Bear Lake.
Many sports-fishing businesses,
guiding outfitters and tourists travel
to Bear Lake each year for its unique
natural beauty and abundant fish
and wildlife. Members of the Takla
Lake First Nation rely upon their
visits to Bear Lake for their supply
of meat and fish. Some members
live in the Bear Lake area, and have
reserves, cabins and drinking water
supplies mere kilometres away from
Imperials’ proposed mine site.
The Bear Lake Blockade
In February 2006, the Takla Lake
First Nation responded to Imperial
Metals’ referral for road building and
drilling on Bear Mountain by stating
that the area was extremely sensitive
and sacred to the Takla people and
that the road should not be built.
A meeting between Takla and the
Ministry of Mines in spring 2006 and
with Imperial Metals in June 2006,
resulted in no road being built.
However, drilling occurred and the
larger issues were not resolved.
The BC Ministry of Energy, Mines
and Petroleum Resources has
since granted Imperial a permit to
construct a road up Bear mountain.
Takla has consistently stated that
the Bear Lake area is off-limits to
any mining. The current roadblocks
in Takla Territory are a direct result
of the government failing to listen to
Takla’s concerns regarding activity in
the area.
Photo: Bear Lake in Takla Territory (James
Steidle)
Land-Use Planning
The BC government has failed to conduct joint land-use planning with the Takla Lake First Nation in a governmentto-government manner. This has contributed to polarized land-use visions for Takla territory, including the current
conflict over the Bear Lake area.
Land-use planning has long been hailed as the answer to creating certainty for companies and communities in
BC. However, the BC government has yet to begin such negotiations with Takla. Certainty will only exist when there
are agreed-upon land-use plans that both the Takla Lake First Nation and the Province of British Columbia can
share. Until then, companies operating in Takla territory must understand they may be operating in areas that
have important value to the Takla people and that their proposed development may not be seen as appropriate.
Successful working relationships require diligent, respectful and consistent consultation between companies and
the Takla Lake First Nation.
Contact
Chief Dolly Abraham
Takla Landing, B.C. V0J 2T0
Tel: 250-996-7877
Fax: 250-996-7874
Mining Coordinator, Takla Lake First Nation
450 3rd Avenue, Prince George, B,C V2L 3B9
Telephone: 250-564-9321, ext. 27
Fax: 250-564-9521
Takla Lake Mining Map
o
Takla Lake Territory*
Mineral Claims
• Bear Mountain
- Sacred Site
• Kemess South
- Operating Mine
• Bralorne
- Contaminated
• Ogden Mountain
- Abandoned Mine
& Failed Dam
" Draft Boundary - Takla Lake First Nation
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