Imperial Metals (TSX: III) reported the Xatśūll First Nation filed a notice of appeal asking a higher court to overturn Justice Tammen’s August 6, 2025 dismissal of Xatśūll’s judicial review petition.
Xatśūll First Nation has appealed the B.C. Supreme Court (BCSC) ruling on August 6 that upheld government approvals allowing Mount Polley Mining to raise the tailings storage dam at its open‑pit copper‑gold mine. The First Nation argues the approvals were issued without a required environmental assessment; the same dam catastrophically failed in 2014, devastating Xatśūll territory.
The First Nation is asking the court to quash those decisions and grant the relief sought in its petition. The respondents named in the appeal are the minister of mining and critical minerals, the minister of environment and parks, the deputy chief permitting officer, Major Mines Office, and Mount Polley Mining Corporation.
The notice does not challenge Justice Tammen’s order on the injunction application. Because Xatśūll did not appeal that part of the ruling, Imperial Metals may complete the TSF raise to 974 m and continue normal operations of the Mount Polley mine and TSF under its existing authorizations.
Brian Kynoch, president of Imperial, said: “We believe Justice Tammen’s decision to dismiss the petition was a carefully considered and thoroughly supported decision, based on the extensive review process undertaken by the province before making their decisions. Nonetheless, we continue to be committed to working collaboratively with Xatśūll and other Indigenous communities and conducting our operations in an environmentally responsible manner.”
The First Nation said in a news release: “The respectful view of Xatśūll is that the BCSC decision allows provincial regulators to proceed in a way that seriously limits the level of environmental oversight and protection of Aboriginal rights and title when it comes to deciding whether the Province will approve future expansions to the Mount Polley Mine.”
Grand Chief Stewart Phillip, president of The Union of BC Indian Chiefs (UBCIC), in a news release, asserted: “The Xatśūll First Nation has been crystal clear that they did not provide their free, prior, and informed consent for B.C. to bypass an environmental assessment and approve raising the height of the tailings pond dam at Mount Polley Mine.”
More information is posted on www.ImperialMetals.com.
