The Tsetsaut Skii km Lax Ha (TSKLH) Nation has filed a petition seeking judicial review of Seabridge Gold’s KSM gold-copper project in north-west British Columbia (BC), after the BC Government exempted the project from a permit expiry.
TSKLH, an indigenous group in north-west BC, is claiming a vast traditional territory including the KSM project area and disputing the Nisga'a and Tahltan Nation’s rights over the project's eastern portion.
In January, Seabridge Gold, via its subsidiary KSM Mining, submitted an application to the British Columbia Environmental Assessment Office (BC EAO) for 'substantially started' status for its KSM Project, which was essential to keep the project's EAC valid beyond its deadline of 29 July 2026.
Under BC law, an EAC expires unless a project is ‘substantially started’ by its deadline. The KSM project's EAC was confirmed as ‘substantially started’ on 25 July 2024.
TSKLH’s legal representative asserts that both Seabridge and the government have failed to meet their obligations under Canada's constitution and the UN Declaration on the Rights of Indigenous Peoples.
The community seeks to have the exemption order reversed. It has also raised concerns about the proposed tailings management and insufficient consultation on the project.
Seabridge contends that its application for an exemption was supported by local indigenous communities.
Seabridge chairman and CEO Rudi Fronk siad: "Seabridge's application for a 'substantially started' determination was widely supported by the communities of north-west British Columbia, including indigenous communities. TSKLH were provided the relevant information early and participated in the province's review process, including submitting comments for the province's consideration.
“TSKLH may not agree with the ultimate 'substantially started' determination, but Seabridge is confident that there is ample evidence that the determination was reasonable."
The TSKLH Nation's legal action could lead to a re-evaluation of the project's status by the province, potentially expanding consultation with the Nation or reconsidering the project's advancement.
The indigenous group has voiced serious environmental concerns, stating that the KSM project, poised to be the world's largest gold, copper and silver mine, could use technology similar to other mines that have experienced devastating toxic waste breaches.
The Nation fears the impact on natural waterways crucial for food and traditional practices.
Seabridge has disclosed an investment of $444m (C$627.2m) towards its EAC and has submitted letters from the three largest indigenous groups in the area supporting the project's substantial start determination.
Fronk added: "Seabridge plans to participate in defending the validity of the 'substantially started' determination and will be conferring with its legal counsel on the ways in which it may do so."
In April, the TSKLH Nation filed a BC Supreme Court claim asserting rights to unceded lands impacted by mining, including Seabridge Gold's KSM mine.
The Nation seeks respect for its territory, citing concerns over environmental risks, food security and lack of meaningful consultation or consent.
