Following a four-day hearing, the Supreme Court of British Columbia has reserved judgment on the judicial review petition and injunction application filed by the Xatśūll First Nation that challenged two provincial decisions authorizing a four-metre raise of the tailings storage facility embankment at the Mount Polley mine until the Court issues its reasons for decision, expected on August 6, 2025.
Mount Polley is permitted to continue construction of the four-metre raise as planned and operations at the mine continue in accordance with the permits granted by the Ministry of Mining and Critical Minerals and the Environmental Assessment Office, according to a news release from the company. In the interim, Mount Polley has provided a voluntary undertaking to refrain from depositing tailings that rely on the increased height until August 7, 2025 to allow the court time to consider the matter.
The petition and injunction were heard together on June 24-27, 2025. At the hearing, counsel for Mount Polley Mining Corporation, Imperial’s wholly owned subsidiary, and counsel for the Province of British Columbia argued the decisions are valid and were issued through the proper process with adequate consultation.
“We appreciate the court taking its time to carefully consider this matter and await its decision on the interlocutory injunction application and petition. We are committed to working collaboratively with Xatśūll and other Indigenous communities to address their concerns,” said Brian Kynoch, President of Imperial. “Our goal is to ensure that all operations at Mount Polley mine are conducted in an environmentally responsible manner that respects the rights of Indigenous peoples.”