(Adobe stock photo)

First Peoples Law Report: Last month Ktunaxa First Nation responded to Taranis Resources Inc’s lawsuit regarding the Thor copper project near Trout Lake in Ktunaxa’s traditional territory northeast of Nakusp.

“The best way for British Columbia to ensure Ktunaxa rights are protected is to receive our free prior and informed consent, which, in this case, has not been provided,” said nasu?kin Jason Louie of yaqan nu?kiy (Lower Kootenay Band).

Taranis is asking the court to force the Ministry of Energy, Mines and Low Carbon Innovation (EMLI) to make a decision on its August 2022 application for the exploration program north of Trout Lake.

Taranis believes that First Nation consultation is holding things up, and so they filed a lawsuit in B.C. Supreme Court.

Ktunaxa First Nation first learned of the new exploration program in January 2023 and discovered major concerns regarding the land. 

They stated the project has impacts on archaeological values, old-growth forests, and species at risk, such as mountain caribou, grizzly bear, and whitebark pine.  There are also significant concerns around water quality. yaqan nu?kiy said their traditional lands are under “increasing development pressure without being provided any time for Ktunaxa people to develop a Ktunaxa-led vision and plan for the area.”

They disagreed that Taranis’ application had been subject to unreasonable delay. “Consultation must include the possibility of denial, or it isn’t meaningful consultation,” said nasu?kin Louie. “And ‘no’ is a valid outcome of consultation.” 

He added that, “It looks like Taranis wants to cut off our voice and ability to represent and protect our Indigenous title and rights. But the Crown has the duty to consult and, more importantly, the fiduciary duty to protect Aboriginal rights as per Section 35 of the Canadian Constitution. Taranis’ desire to fast track this project can’t trump our constitutionally protected Aboriginal rights. We are duty-bound to the Creator to ensure respectful stewardship of our homelands, and this is our focus.” 

nasu?kin Louie said he will watch and wait for any developments in the case.

For more information, read https://www.ktunaxa.org/consultation-has-a-purpose-nation-says/

By Julia Magsombol , Local Journalism Initiative 

julia@columbiavalleypioneer.com