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July 03, 2014 --- Vol. 08, No. 27July 2014

MABC, AME BC react to High Court decision in Roger William case

Karina Brińo, president and CEO of the Mining Association of B.C., June 26 issued a statement in response to the Supreme Court of Canada’s decision on Tsilhqot’in Nation v. British Columbia.

Brińo said the trade group, which represents the interests of B.C.’s mining industry, is reviewing the Supreme Court of Canada’s decision on Tsilhqot’in Nation v. British Columbia.

The decision confirms that resource development over land where Aboriginal title is asserted must, by law, be preceded by meaningful consultation. It further reinforces that industry’s commitment to meaningful consultation and engagement with First Nations will continue to position British Columbia as an attractive jurisdiction in which to mine. The decision provides certainty and clarification around aboriginal title and the application of provincial law and regulation on the land base.

The mining industry is the largest private sector employer of First Nations in B.C. and numerous Aboriginal-owned suppliers and contractors work collaboratively with, and benefit from, the mining industry. In addition to employment opportunities, the mining industry also recognizes the importance of revenue sharing agreements between the provincial government and aboriginal communities.

In 2013, the mining industry in B.C. generated C$8.5 billion in gross revenues and contributed more than $500 million in taxes which support the delivery of essential public services, such as healthcare and education, and infrastructure across the province.”

The Association for Mineral Exploration British Columbia also responded to the Supreme Court of Canada’s judgment.

“While this is a complex and precedent-setting case that will require further review, we at AME BC know that the path forward is for the federal and provincial governments to continue consulting with the Tsilhqot’in Nation,” AME BC Gavin C. Dirom President & CEO said. “The outcome of such consultation will enable further investment from the mineral exploration and development industry that will create jobs and shared economic opportunity for all British Columbians, including the people of the Tsilhqot’in Nation. Improved certainty about title, consistent decision making processes and the application of predictable and reasonable laws and regulations are critical to successfully attracting investment to British Columbia.”

“It is important to recognize that the Supreme Court of Canada confirmed that provincial laws and regulations will continue to apply in the Tsilhqot’in Nation Aboriginal title area, subject to section 35 of the Constitution Act,” said AME BC Chairman David McLelland. “Government has the duty to consult with First Nations, but members of AME BC recognize that respectfully engaging with First Nations early and often creates mutual understanding, trust and respect. We have seen that mutual benefits can often occur when this approach is taken by everyone involved, including industry, First Nations and government.”

“The exploration and development of mineral claims in the area could provide real and significant economic development opportunities and long-term net benefits to the Tsilhqot’in Nation and to everyone in British Columbia,” concluded Dirom.


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