Published: November 27, 2023 |

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Taranis Resources has been waiting 15 months for a decision on a mining exploration permit application for its Thor copper project near Trout Lake, in Ktunaxa traditional territory northeast of Nakusp.

The Canadian mining company believes that First Nation consultation is holding things up, and has filed a lawsuit with the B.C. Supreme Court.

“We believe the government is unwilling to do its legal duty (to grant the permit) because of First Nation pressure,” said Taranis CEO John Gardiner in a news release.

In the petition, Taranis asks the court to order the chief permitting officer to make a decision on the permit application.

The company also asks the court to declare that Mines Minister Josie Osbourne’s statement that First Nations are “the rightful owners of the land,” and her reference to a “Ktunaxa-declared moratorium” are contrary to law. In the court documents, Taranis says they have written to the minister to ask for clarification of those statements, but have not received a satisfactory response.

Another government move of concern to Taranis is the establishment of the incomappleux conservancy and southern incomappleux designated area, approximately 1.5 kilometers from the Thor project.

“This step … raises serious questions as to whether the government’s foot dragging in processing Taranis’ applications … is part of a broader agenda to prevent Taranis from advancing its mineral rights without proper consultation for expropriation,” says the court document.

The Ktunaxa responded in a news release that the court case “is trying to cut off constitutionally required consultation with the Ktunaxa First Nation of the Lower Kootenay Band and the Ktunaxa Nation Council and fast track a controversial new mining exploration project.”

Taranis submitted the permit application in 2022. The Lower Kootenay Band and the Ktunaxa Nation Council submitted letters of opposition to the province earlier this year.

The Ktunaxa Nation news release says the mine area is an ungulate winter range, and home to old-growth forests and species at risk such as mountain caribou, grizzly bears, and whitebark pine. Its waterways host important fish species, including Gerrard rainbow trout, bull trout and kokanee salmon.

Disruption of these values, and archeological ones too, “translates to impacts to legally protected Ktunaxa rights.”

“It looks like Taranis wants to cut off our voice and ability to represent and protect our Indigenous title and rights. Taranis’ desire to fast track this project can’t trump our constitutionally protected Aboriginal rights. We are duty-bound to the Creator to ensure respectful stewardship of our homelands, and this is our focus,” said Chief Jason Louie of the Lower Kootenay Band.

In the Taranis press release, Gardiner acknowledges that consideration of Indigenous rights is part of the Crown’s duty to consult, but points out that the Supreme Court of Canada has repeatedly ruled that First Nations do not have veto.

Louie, however, says consultation must include the possibility of denial, or it isn’t meaningful consultation. “And ‘No’ is a valid outcome of consultation.”

“We are not an anti-mining Nation, but some areas should remain undeveloped or require time to heal,” Louie said in the press release.

Source: Vancouver Sun

Taranis Resources, an exploration stage company, engages in the acquisition, exploration, and development of precious and base metal deposits in Canada. The company primarily explores for silver, gold, zinc, lead, and copper deposits. It holds a 100 percent interest in the Thor property comprising 27 crown granted mineral claims and 15 mineral tenures covering an area of approximately 3,300 hectares located in the Revelstoke mining district of British Columbia. The company was incorporated in 2001 and is based in Estes Park, Colorado.

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