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NEWS RELEASE · 19th March 2013
Nisga'a Lisims Government
“Today, by issuing an environmental assessment certificate for this project, the Clark Government has caused British Columbia to breach the Nisga’a Treaty,” stated President Stevens.

“We are concerned that the timing of the decision to issue the EA certificate was largely motivated by electoral politics,” stated Mitchell Stevens, President of Nisga’a Lisims Government.

Last week, Nisga’a Nation announced in a press release that it had filed a Notice of Dispute under the dispute resolution provisions of the Nisga’a Final Agreement in anticipation of the Ministers making a decision to issue an environmental assessment certificate for the proposed mine.

“The Nisga’a Nation and its consultants, all of whom are acknowledged leaders in their fields, have been calling for the BCEAO to gather the information required to conduct a proper assessment for over two years. Many of the Nisga’a Nation’s concerns raised over this period have fallen on deaf ears. The BCEAO has not yet properly assessed the impacts on the health and well-being of Nisga’a people or the social or economic effects of the project, as required by the Treaty,“ stated President Stevens.

“The BCEAO has also not yet properly assessed the environmental impacts resulting from the discharge of heavy metals into the freshwater and marine environments on which the Nisga’a Nation relies. The conditions in the certificate that refer to developing plans sometime in the future fall well short of the Province’s constitutional obligations under the Nisga’a Treaty,” stated President Stevens.

“We are still considering our legal options, and have followed the proper procedure under our Treaty by filing a Notice of Dispute. We intend to participate in this process in good faith. However, the Nisga’a Nation will not allow the health and well-being of Nisga’a people to be put at risk for this project,” stated President Stevens.


Ministry of Environment Environmental Assessment Office

Kitsault Mine project granted conditional environmental approval

Environment Minister Terry Lake and Energy, Mines and Natural Gas Minister Rich Coleman have issued a conditional Environmental Assessment Certificate to Avanti Kitsault Mine Ltd. for the Kitsault open-pit molybdenum mine project, located at the head of Alice Arm, approximately 140 kilometres north of Prince Rupert.

The decision was made after considering the review led by British Columbia's Environmental Assessment Office, which concluded that the project is not expected to result in any significant adverse effects, based on the mitigation measures and conditions of the Environmental Assessment Certificate. A record of the factors that the ministers considered in making their decision can be found in the Reasons for Ministers' Decision at:

The Environmental Assessment Certificate includes 34 conditions and a Certified Project Description. Each of the conditions is a legally binding requirement that Avanti Kitsault Mine Ltd. must meet to be in compliance with the certificate. It is also a legal requirement that the project be built and operated in accordance with the Certified Project Description.

Key conditions for the Kitsault Mine project that the proponent must meet include:

* Water quality must meet BC Water Quality Guidelines or approved Site Specific Water Quality Objectives for mine contaminants.

* Develop and implement Aquatic Effects and Marine Environment Monitoring Programs.

* Develop and implement a Wildlife Corridor Management Plan.

* Provide $100,000 in annual funding to support recovery of the Nass moose population and the Northwest Assessment and Monitoring Trust.

* Develop and implement a Geographical Response Plan for spills and a plan describing appropriate forms of barrier protection along areas of the transportation route, which have bodies of water at risk from spills and hazardous materials.

* Collaborate on water, air and noise monitoring plans and protocols for sharing monitoring information and emergency plans and develop a communications Memorandum of Understanding with Kitsault Resorts Ltd. including protocols for sharing information related to road use,
monitoring information and emergency plans.

* Complete management and mitigation plans (Social and Cultural
Management, Recruitment, Training and Employment, Business Capacity, Economic Closure, and Communication) in consultation with Nisga'a Lisims Government.

Consistent with its enhanced compliance and enforcement program, the Environmental Assessment Office will co-ordinate compliance management efforts with other ministries to ensure that the office is independently satisfied that certificate conditions are met.

The project consists of an open-pit molybdenum mine that will produce 40,000 to 50,000 tonnes of ore per day, a processing plant, tailings storage facility, containment embankments, waste rock storage and low grade ore stockpile, site runoff, diversion and water collection system, water management facility, borrow pit, overburden and topsoil storage, and the use of an existing 138 kilovolt transmission line and access roads.

The estimated total capital construction costs for the project are $836 million and the operating costs are approximately $120 million per year.

The project will create an estimated 960 person-years of direct employment during construction.

The project also triggered a comprehensive study environmental assessment under the Canadian Environmental Assessment Act. Before the project can proceed, the proponent will also need to obtain the necessary provincial licences, leases and other approvals.

The environmental assessment process involved a rigorous, thorough review that provided for significant opportunities for the Nisga'a Nation, First Nations, government agencies and the public to provide input on the potential for environmental, economic, social, heritage and health effects of the proposed project, and to ensure that Crown obligations under the Nisga'a Final Agreement, and to consult affected First Nations, have been met.

The Nisga'a Nation has filed a Notice of Disagreement with British Columbia and Canada under the Nisga'a Final Agreement concerning the environmental assessment of the Kitsault Mine project. The Province is satisfied that it can engage, in good faith, in the dispute resolution stages and meaningfully address any outstanding issues through the subsequent processes required for permitting and in accordance with conditions of an EA Certificate.
Kitsumkalum Band: Vote "NO" on April 10:
Comment by Janice Robinson on 22nd March 2013
After doing your own research on the history of treaty making in Canada: after speaking with your Nisga'a friends about their opinions of the impacts (or lack thereof...) of the Nisga'a treaty; after considering the appalling conditions at places like Attawapiskat (who are all treatied up); after hearing concerns and direction from valid hereditary Tsimshan Chiefs and Matriarchs....

Vote "NO" to any treaty-related A.I.P. in your area.

The Tsimshian Nation is the last bastion against the cultural and economic demise of First Nations peoples across Canada. We are the last defense. If these Tsimshian treaties are signed.....there will be no need for them to consult with any nation anymore.

It will be a sad domino effect across Canada.
Let's feel good about ourselves, and vote NO.

Whii Nea ach.
Gerald Wesley knows it all:
Comment by Janice Robinson on 21st March 2013
I received a notice that he will answer any question we might have about the current treaty process involving the Kitsumkalum First Nation. Those who do not agree with him are deemed confused, and require further education about the matter. The government of Canada pays him very well to fulfill this role. Indian treaty employees like Gerald have been at it for so long that they cannot stop now. And I do believe that in spite of all this information and evidence that proves treaties are bogus, abusive.....and that Canada (and the provinces) have neither respected....nor honoured one treaty made with Indians, that he now believes the hogwash coming out of his own mouth.

- Not one treaty has been honoured.

- History has demonstrated that treaty Indians east of the Rockies suffer the most from poverty, racism, crime, gangs, hunger, the cold....even though treaties have been signed for years.

- Billions of dollars have been made by non-Native foreigners on those First Nations territories while treatied Indians still suffer as paupers.

- Resources have been extracted, and fortunes made. Treaties and First Nations peoples have been mocked and ignored. Diamonds, oil, gold, water, copper, etcetera......all taken from treatied land.

- I am not surprised that the Nisga'a treaty has already been ignored by the government of Canada, in favour of money-hungry foreign corporations. This is just a start.
Too late! Those white treaty negotiators are already long-gone and forgotten, and Nisga'a treaty signers have sunk back into their fat , comfy, penshioned lifestyles. No shame to their game.

- Because of the Nisga'a Nation's isolation up in their beautiful valley, their culture remains strong and magnificent! The Tsimshian Nation is not likewise blessed.

- At the last meeting I attended of the Kitsumkalum "First Nation" (what an insult to the Tsimshian Nation).....a hereditary chief explained that a treaty is the last step of assimilation for us.
Unfortunately, he was speaking to a group of people who are already totally assimilated.

- Just because you are assimilated does not assure your acceptance by the majority of Canadians (unfortunately).

- So, the likes of Gerald Wesley and Bill Stipdonk (who the heck is he) are the Pied Pipers of Hamlin.
And, like mice, the young, naive population around here will take the Tsimshian Nation over the cliff....


- We will just be another band of treaty Indians. That's what they call the people of the once proud Cree Nation......."Treaty Indians."