A court injunction has halted exploration work at Taseko's New Prosperity. Courtesy of Taseko Mines

An injunction granted on behalf of the Tsilhqot’in Nation has stopped exploratory work at Taseko Mines’ New Prosperity project in south-central British Columbia.

The B.C. Court of Appeal decision, released on Monday, stops work until the court rules on the Tsilhqot’in’s appeal of a B.C. Supreme Court decision allowing Taseko to begin drilling at New Prosperity. That decision is expected to be heard on Nov. 21 and 22.

In late August the B.C. Supreme Court dismissed a petition from the Tsilqot’in to quash Taseko’s exploration permit for the project on the grounds that the province had not adequately consulted with First Nations before granting it. Justice Ward Branch wrote that he did not agree “the province’s decision fell outside the range of reasonable outcomes” and noted that there would be many more opportunities in the project pipeline for consultation. 

New Prosperity is located close to the Tsilhqot’in Nation’s declared title land, and two sites of cultural significance to the nation, Teztan Biny, also known as Fish Lake, and Nabas. After the Supreme Court ruling, Chief Joe Alphonse, the tribal chairman of the Tsilhqot’in National Government, said the nation would be “exhausting all options” to stop work from continuing at the site.


Related: Ontario court dismisses junior miner’s exploration permit over failure to consult


Brian Battison, Taseko’s vice-president of corporate affairs, said the hurdles are the new normal for working the province.

Sadly that's just the new reality of trying to invest in British Columbia. That's the process,” he said in an interview. “That extraordinary effort is required if you want to advance a mine development project and create opportunities here in the province.”

The Tsilhqot’in  said in a release the injunction comes as a relief, but that the fight is far from over.

“We continually have to go to court to protect our cultural and spiritual sites. These areas should be off the table for any kind of invasive development,” Alphonse said in a press release on Tuesday. “While this injunction grants a temporary relief from extensive drilling and exploration work, we are still calling on the B.C. government to step in and put a full stop to this drilling permit.”

Battison said the company will “wait and see the outcome of the appeal, and our intention is to proceed with the work if we're able to do so.”