A BC Supreme Court judge hearing an application to delay the start of construction on a Rossland-area magnesium mine says a judicial review surrounding the project needs to start more quickly.
Justice Dev Dley heard arguments today from the Save Record Ridge Action Committee, which expects to wait until August to reach court with its challenge of the provincial government’s decision not to subject the project to a full environmental review. The Environmental Assessment Office concluded the project doesn’t meet the necessary threshold.
West High Yield is expected to begin construction on the mine in earnest on April 1. The Save Record Ridge group claims the work could result in “irreparable harm” and “irreversible alteration of the landscape” if it takes place before the challenge is heard in full.
Dley asked why the group’s judicial hearing wasn’t scheduled sooner. Their lawyer, Ben Isitt, replied that it was because a lawyer for the mining company was not available until then. He said the Record Ridge group had “acted diligently” to secure an earlier hearing.
He read out correspondence indicating they had back-and-forth with lawyers both for the company and the provincial government but couldn’t agree on a date.
Dley said his key concern is about getting the matter to a hearing and he was “not impressed” with a lawyer’s unavailability dictating the schedule of the proceedings.
Isitt agreed the judge could impose an earlier hearing date, but said Save Record Ridge would still request an interim stay of certain activities. He said while they don’t object to the company carrying out work like core sampling, surveying, and monitoring, they object to blasting, excavating, and logging.
Isitt said they asked West High Yield to voluntarily pause the project pending the outcome of the judicial review, but the company declined. He said once it became clear the review would not be heard until this summer, Save Record Ridge “pivoted” to the present application asking for the project to be delayed.
Isitt said he is prepared to have an earlier hearing anywhere in the province. During the proceedings this morning, Isitt’s articling student began canvassing for other times and places and found possible dates in Rossland and Cranbrook in May.
Dley said he was also concerned with the group’s ability to provide a sufficient security deposit in case they end up losing. He said the $61,000 the committee has on hand would be a “drop in the bucket” compared to actual damages they could face if they lose the judicial review.
Save Record Ridge is concerned about the mine’s potential effects on air and water quality. It also worries about noise, safety, and habitat loss, and says it could affect Rossland’s “fragile” tourism industry. The group further fears the company wants to expand the mine beyond what it has been approved for.
West High Yield insists the mine is a “a low-impact, small-scale project designed with community safety and environmental protection as top priorities.” It has said the Save Record Ridge Action Committee has mischaracterized the project and the regulatory oversight process.
“West High Yield has consistently acted in full compliance with British Columbia’s laws, regulatory thresholds, and environmental safeguards,” the company said, adding that it’s confident the Environmental Assessment Office’s decision will withstand a court’s review.
Save Record Ridge concluded its arguments this afternoon, followed by further arguments in support of their position from the Sinixt Confederacy. Tomorrow a lawyer representing the Ministry of Environment and Ministry of Attorney-General will respond followed by a response from the company’s lawyer.
An overflow crowd filled every seat on the upstairs courtroom’s main floor as well as in the seldom-used balcony. Others watched a video feed from the provincial courtroom downstairs.
