An executive with the company behind a proposed magnesium mine near Rossland says a court ruling this week that upholds an injunction against the project is “disappointing” but “procedural.”
Barry Baim, chief operating officer of West High Yield Resources Ltd., said a judge’s decision to leave the injunction in place until a judicial review goes ahead next month doesn’t reflect the merits of the project or the regulatory approvals the company has already received.
“We continue to maintain that the Record Ridge project has been thoroughly reviewed [and] lawfully permitted through the established regulatory process,” he said. “The company remains confident in this and they’re fully focused on the upcoming judicial review.”
The review will be heard at the request of the Save Record Ridge Action Committee and will examine the provincial government’s decision not to subject the project to a full-blown environmental review. The committee has applied for a separate judicial review challenging the company’s mine permit. That hearing hasn’t yet been scheduled.
Baim said the company is “committed to advancing the project responsibly in compliance with all the regulatory requirements and in partnership with stakeholders, including the Indigenous partners and local communities.”
The project has the support of the Osoyoos Indian Band, which has signed a co-operation agreement, but not the Sinixt Confederacy, in whose traditional territory Rossland lies. Earlier this week a judge declined the company’s request to exclude the Sinixt from the case.
While some permits are still outstanding, Baim said they expect to receive them soon and hope to start construction in May or June.
The company took out a two-page newspaper ad on Thursday to address what Baim said is misinformation about the project that “borders on fearmongering.” Subjects addressed include the project’s asbestos content and the impact on tourism.
The ad says quarries already operate in BC close to major recreation areas and the Record Ridge permit only allows the mine to operate from April to November, so it should have no impact on the ski season.
“We recognize the importance of protecting the local environment, recreation, and community interests, and we share that commitment,” the ad reads. “Public discussion should be grounded in verified facts, technical studies, and science-based review, not unsupported allegations or conjecture.”
Baim said they have complied with all regulatory requirements, so they find the legal challenges “a bit frustrating.”
He also pointed to the City of Rossland’s financial difficulties, which include a $60-million infrastructure deficit. “They’re trying to turn away a potential small-scale project that could add value on a sustainable basis to the community,” he said.
