A hearing at the BC Court of Appeal in Vancouver on Friday will decide if a mining company will be able to challenge an injunction against their magnesium project near Rossland.
Last month, a judge granted the injunction to the Save Record Ridge Action Committee to prevent West High Yield from performing certain work until a judicial review can be heard in May. That review will examine the provincial government’s decision not to subject the project to a full-blown environmental review.
The company immediately sought leave to have the injunction overturned. They are also seeking a review of the security deposit that Save Record Ridge has posted, which was set at $162,500. The company doesn’t think that’s enough and wants the amount increased.
Melanie Mercier of Save Record Ridge, who will attend Friday’s hearing in person, said her group wasn’t surprised at the company’s appeal. She said the hearing is expected to be brief, as it will determine whether the matter will proceed to a full appeal hearing.
“Because a full appeal involves three judges and can go over three days, before getting all these people involved, there’s a short screening to see if it can go ahead,” she said. “We’re confident it’s not going to go ahead considering how solid Justice Dley’s judgment was.”
While the province made submissions during the application for the injunction, it has not taken a position on the appeal.
Another court hearing is scheduled for Tuesday in Rossland concerning the Sinixt Confederacy’s involvement in the case. Both the company and the province argue the Sinixt should not have standing.
The hearings come as the Save Record Ridge group prepares for the judicial review in May. They are also seeking a separate judicial review related to the mine permitting process and have been lobbying various government ministries over different aspects of the project.
The company had hoped to begin construction on the mine this month. The site is about seven kilometers southwest of Rossland.
