Tsetsaut Skii km Lax Ha Nation Files BC Land Claim to Protect Environment & Benefit from Industry on its Unceded Territory

HAZELTON, BC, April 24, 2024  – On April 16, 2024, the Tsetsaut Skii km Lax Ha Nation filed a civil claim in the BC Supreme Court asserting Aboriginal rights and title to their traditional, unceded territory, which includes parts of the Nass River, Skeena River, Bear River and Stikine River watersheds in northwestern British Columbia. Also known as a land claim, the move was prompted in part by years of mining activity on Tsetsaut Skii km Lax Ha traditional lands without meaningful engagement, consent, right to environmental stewardship or fair compensation.

“The Tsetsaut Skii km Lax Ha’s rights and responsibilities for our traditional territory must be respected,” says Chief Darlene Simpson. “We are not anti-industry, but mining activity has been taking place on our lands without our consent, including activities that may put our waterways, wildlife and food security at risk.”

World’s Largest Gold Mine Moving Forward Without Impacted Nation’s Consent
Since 2011, Seabridge Gold has been advancing plans for its multibillion-dollar KSM mine—the world’s largest gold, copper and silver mine—in Tsetsaut Skii km Lax Ha Territory without appropriate involvement of the Nation.

The Nation’s land claim is particularly important given Seabridge’s move for the mine to be declared Substantially Started, a status that would allow the company to complete construction and enter 50+ years of operations. With Seabridge’s public disclosure of its need to attract a partner or sell its interests for the mine to move ahead, a successful land claim will ensure any future partner or owner cannot bypass the Nation’s rights.

B.C. Government and Industry Members Have Recognized Nation’s Traditional Territory
Following the Nation’s 2011 assertions of its territorial rights, the provincial government undertook a multi-year evaluation. This culminated in the BC Ministry of the Attorney General’s 2021 Ethnohistorical Report, which supports Tsetsaut Skii km Lax Ha’s exclusive title claim to the Awiijii area, where Seabridge plans to locate its tailings facility. In November 2021, following issuance of the report, Seabridge advanced construction of the mine without consent of the Tsetsaut Skii km Lax Ha.

The Nation’s rights were also confirmed in August 2023 correspondence from BC’s Ministry of Indigenous Relations and Reconciliation. As well, mining company Tudor Gold explicitly recognizes that its project in an adjacent area lies on Tsetsaut Skii km Lax Ha Territory.

Nation’s Environmental and Food Source Concerns Unaddressed
Of particular concern is the planned tailings facility on Tsetsaut Skii km Lax Ha land, in close proximity to waterways essential to the Nation’s food supply and traditional practices. Tailings are by-products of mining that can contain toxic chemicals.

“Accidents happen,” says Chief Simpson. “We’ve tried unsuccessfully for years to meaningfully engage with Seabridge and the provincial government about our concerns, while they have been building infrastructure on our territory without our consent. It’s abusive.”

Call to Uphold UNDRIP and Truth and Reconciliation
Seabridge has agreements with the larger Tahltan and Nisga’a Nations worth hundreds of millions of dollars in benefits and billions in potential employment.

“Seabridge Gold’s disproportionate accommodation of other Nations is not supported by the government’s own documents,” says Ryan Beaton, legal counsel for the Tsetsaut Skii km Lax Ha. “For both the Province and industry, it is not legally sufficient to consult and accommodate only larger Nations.”

Consultation and consent to mining projects from all impacted First Nations is required by both the Truth and Reconciliation Commission’s Call to Action 92 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

The Tsetsaut Skii km Lax Ha Nation are descendants of the Laxwiiyip Tsetsaut, an independent self-governing people who occupied Tsetsaut Skii km Lax Ha Territory at the time the British Crown asserted sovereignty in the region.

For further information: Media Contact: Karen McCluskey, Tel: 778-319-0149, Email: mccluskey.karen@gmail.com

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